78R5470 CLG-D
By: Riddle H.B. No. 1870
A BILL TO BE ENTITLED
AN ACT
relating to the rental or sale of adult video games; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Business & Commerce Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. REGULATION OF RENTAL OR SALE OF ADULT VIDEO GAMES
Sec. 35.121. DEFINITIONS. In this subchapter:
(1) "Graphic violence" includes a depiction of:
(A) decapitation;
(B) bloodshed;
(C) dismemberment; or
(D) grotesque cruelty.
(2) "Minor" means a person younger than 18 years of
age.
(3) "Strong sexual content" includes sexual conduct as
defined by Section 43.25, Penal Code.
(4) "Video game" means a copy of a video game that is
meant for use in a stand-alone arcade or that may be played with a
gaming device using a television or computer.
Sec. 35.122. RATING SYSTEM FOR CONTENT OF VIDEO GAMES. The
attorney general shall establish a rating system to provide
consumer information regarding the content of video games. In
establishing the rating system, the attorney general shall
determine and list which video games contain scenes or depictions
of graphic violence or strong sexual content. The office of the
attorney general shall provide the list on the office's Internet
website.
Sec. 35.123. SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS
PROHIBITED. (a) A person commits an offense if the person sells,
rents, or otherwise tranfers to a minor for money or other
consideration a video game that contains scenes or depictions of
graphic violence or strong sexual content as determined by the
attorney general.
(b) An offense under this section is a Class B misdemeanor,
except that if it is shown on the trial of the offense that the
person has been convicted previously of an offense under this
section, the offense is a Class A misdemeanor.
Sec. 35.124. PROVIDING LIST OF ADULT VIDEO GAMES TO
CONSUMERS. (a) A business that offers a video game for sale,
rental, or exchange shall make available the most current list of
video games, as developed by the attorney general under Section
35.122, that contain scenes or depictions of graphic violence or
strong sexual content for the inspection and review by any
potential buyer, renter, transferee, or user of the video game.
(b) A person who violates this section commits an offense.
An offense under this section is a Class B misdemeanor, except that
if it is shown on the trial of the offense that the person has been
convicted previously of an offense under this section, the offense
is a Class A misdemeanor.
SECTION 2. (a) The attorney general shall develop the
rating system for video games required by Section 35.122, Business &
Commerce Code, as added by this Act, not later than January 1,
2004.
(b) Subchapter J, Chapter 35, Business & Commerce Code, as
added by this Act, applies only to an offense that occurs on or
after the date on which the attorney general first publishes the
list required by Section 35.122, Business & Commerce Code, as added
by this Act.
SECTION 3. This Act takes effect September 1, 2003.