79R2383 ATP-D
By: Goolsby H.B. No. 866
A BILL TO BE ENTITLED
AN ACT
relating to the provision of a violent or sexually explicit video
game to a minor; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Business & Commerce Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. REGULATION OF RENTAL OR SALE
OF ADULT VIDEO GAMES
Sec. 35.141. DEFINITIONS. In this subchapter:
(1) "Violent content" means a graphic and realistic
depiction of physical conflict and 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) "Sexually explicit content" includes depiction of
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. 35.142. SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS
PROHIBITED. (a) A person commits an offense if the person sells,
rents, or otherwise transfers to a minor for money or other
consideration a video game that contains violent or sexually
explicit content.
(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. 35.143. PROVISION OF INFORMATION RELATING TO CONTENT
OF VIDEO GAME. (a) In this section, "rating system" means a system
of assigning a word, description, or symbol based on the content of
a video game to inform a consumer about the content of a video game.
(b) A business that offers a video game for sale, rental, or
exchange shall:
(1) include on the front of the video game's packaging
a conspicuous warning if the video game contains violent or
sexually explicit content; and
(2) post a sign visible by a person seeking to buy,
rent, or otherwise acquire a video game from the business that
explains the rating system or systems used to rate the video games
sold, rented, or transferred by the business.
(c) 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.
Sec. 35.144. COORDINATION AND INSPECTION BY ATTORNEY
GENERAL. The attorney general may:
(1) assist state and local law enforcement agencies in
coordinating the enforcement of this subchapter; and
(2) conduct inspections of the premises of a business
that sells, rents, or transfers video games.
SECTION 2. This Act takes effect September 1, 2005.