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.