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.