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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the sale of obscene devices; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. RESTRICTION ON THE SALE OF OBSCENE DEVICES |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Obscene device" has the meaning assigned by |
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Section 43.21, Penal Code. |
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(2) "Sexually oriented business" has the meaning |
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assigned by Section 243.002, Local Government Code. |
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Sec. 205.002. SALE OF OBSCENE DEVICES RESTRICTED. A |
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business in this state may not sell, offer for sale, or hold for |
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sale an obscene device, unless the business is a sexually oriented |
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business operating in accordance with Chapter 102. |
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Sec. 205.003. ENFORCEMENT; INJUNCTION AND CIVIL PENALTY. |
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(a) A county or district attorney who believes that a business |
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located in that county or district attorney's jurisdiction has |
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violated or is violating Section 205.002 may bring an action in a |
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district court of the county to enjoin the business from violating |
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that section. |
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(b) In addition to seeking an injunction under Subsection |
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(a), the county or district attorney may request and the court may |
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order any other relief that may be in the public interest, |
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including: |
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(1) the imposition of a civil penalty in an amount not |
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to exceed $5,000 for each violation of Section 205.002; and |
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(2) an order requiring reimbursement to the county or |
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district for the reasonable value of investigating and prosecuting |
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a violation of Section 205.002. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |