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79R5904 ATP-D

By:  Goolsby                                                      H.B. No. 1433



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 assist any peace officer in:
		(1)  enforcing this subchapter; and                                    
		(2)  conducting inspections of the premises of a 
business that sells, rents, or transfers video games.
	SECTION 2.  This Act takes effect September 1, 2005.