79R4193 HLT-D

By:  Deuell                                                       S.B. No. 1292



A BILL TO BE ENTITLED

AN ACT

relating to the requirement that a person operating a pornographic 
Internet site obtain proof of customer age eligibility; providing a 
criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.62 to read as follows:
	Sec. 35.62.  OPERATORS OF PORNOGRAPHIC INTERNET SITES 
REQUIRED TO OBTAIN PROOF OF CUSTOMER AGE ELIGIBILITY.  (a)  In this 
section:
		(1)  "Harmful material" has the meaning assigned by 
Section 43.24, Penal Code.
		(2)  "Minor" means a person younger than 18 years of 
age.            
		(3)  "Operator of a pornographic Internet site" means a 
person who operates from a location in this state an Internet site 
that displays harmful material.
	(b)  An operator of a pornographic Internet site who requires 
a customer to purchase a membership to view material on the site 
shall obtain a photocopy of a potential customer's driver's 
license, by mail or facsimile, before issuing a membership to the 
customer to verify that the customer is not a minor.
	(c)  An operator of a pornographic Internet site shall 
maintain the photocopy obtained under Subsection (b) as a business 
record until the third anniversary of the date the customer's 
membership expires.
	(d)  A person who violates this section commits an offense.  
An offense under this section is a state jail felony.
	SECTION 2.  This Act takes effect September 1, 2005.