79R4156 MXM-D

By:  Brown of Kaufman                                             H.B. No. 3314



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting wireless Internet access to obscene 
materials on public property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 2054, Government Code, is 
amended by adding Section 2054.124 to read as follows:
	Sec. 2054.124.  WIRELESS INTERNET ACCESS TO OBSCENE 
MATERIALS.  (a)  In this section:
		(1)  "Correctional facility" has the meaning assigned 
by Section 1.07(14), Penal Code.
		(2)  "Obscene" and "material" have the meanings 
assigned by Section 43.21, Penal Code.
	(b)  A state agency that provides wireless Internet access on 
state property may not allow access to obscene materials through 
the use of that wireless access.
	(c)  The department shall assist a state agency that requests 
assistance in prohibiting access under this section, including 
prohibiting access by using a filter or other software.
	(d)  Wireless Internet access to obscene materials is 
prohibited at a correctional facility that is owned by, or operated 
by or for, the state.
	(e)  This section does not apply to a university system or 
institution of higher education as defined by Section 61.003, 
Education Code.
	SECTION 2.  Subchapter C, Chapter 351, Local Government 
Code, is amended by adding Section 351.045 to read as follows:
	Sec. 351.045.  WIRELESS INTERNET ACCESS TO OBSCENE 
MATERIALS.  The sheriff may ban or otherwise filter wireless 
Internet access to obscene materials, as defined by Section 43.21, 
Penal Code, in the county jail.
	SECTION 3.  This Act takes effect September 1, 2005.