By Thompson H.B. No. 3306
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who are authorized to sell marital aids and
1-3 other devices designed to promote safe sexual practices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.23 of the Penal Code is amended to
1-6 read as follows:
1-7 (a) A person commits an offense if, knowing its content and
1-8 character, [he] the person wholesale promotes or possesses with
1-9 intent to wholesale promote an obscene material [or obscene
1-10 device].
1-11 (b) An offense under Subsection (a) of this section is a
1-12 felony of third degree.
1-13 (c) A person commits an offense if, knowing its content and
1-14 character, [he] the person:
1-15 (1) promotes or possesses with intent to promote any
1-16 obscene material or obscene device; or
1-17 (2) produces, presents, or directs an obscene
1-18 performance or participates in a portion thereof that is obscene or
1-19 that contributes to its obscenity.
1-20 (d) An offense under Subsection (c) of this section is a
1-21 Class A misdemeanor.
2-1 (e) A person who promotes or wholesale promotes obscene
2-2 material or an obscene device or possesses the same with intent to
2-3 promote or wholesale promote it in the course is presumed to do so
2-4 with knowledge of its content and character.
2-5 (f) [A person who possesses six or more obscene articles is
2-6 presumed to possess them with intent to promote the same.] It
2-7 shall be lawful for a person who is licensed by the Texas State
2-8 Board of Medical Examiners, the Texas Examiners of Psychologists,
2-9 the Texas State Board of Pharmacy, the Board of Physical Therapy
2-10 Examiners, the Board of Nurse Examiners, the Board of Chiropractic
2-11 Examiners, or a health practitioner certified as sex therapist, sex
2-12 educator or counselor in sexuality by the American Association of
2-13 Sex Educators, Counselors and Therapists to sell, prescribe and
2-14 stock marital aids and other sexual devices which might otherwise
2-15 be defined as obscene under this section. Possession of marital
2-16 aids and other sexual devices by a person who is engaged in the
2-17 teaching of safe sexual practices for a recognized nonprofit
2-18 educational organization shall not give rise to any presumption of
2-19 intent to promote or wholesale promote obscene devices under this
2-20 section.
2-21 (g) This section does not apply to a person who possesses or
2-22 distributes obscene material or obscene devices or participates in
2-23 conduct otherwise prescribed by this section when the possession,
2-24 participation, or conduct occurs in the course of law enforcement
2-25 activities.
3-1 (h) It is a defense to prosecution under this section that
3-2 the obscene material or device was possessed by a person having
3-3 scientific, educational, governmental, or other similar
3-4 justification.
3-5 SECTION 2. This Act takes effect September 1, 1999.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.