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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of access by minors to sexually |
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explicit materials in municipal public library collections; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 10, Local Government Code, is |
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amended by adding Chapter 310 to read as follows: |
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CHAPTER 310. SEXUALLY EXPLICIT MATERIALS IN MUNICIPAL PUBLIC |
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LIBRARY COLLECTIONS |
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Sec. 310.001. DEFINITIONS. In this chapter: |
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(1) "Access" means the ability to check out or be |
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provided with library material in any format in the library's |
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catalog by library staff or an automated system. |
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(2) "Commission" means the Texas State Library and |
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Archives Commission. |
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(3) "Curate" means to select, organize, or place |
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material within a specific physical or electronic section or |
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collection of a municipal public library. |
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(4) "Minor" means an individual who is younger than 18 |
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years of age. |
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(5) "Minor's section" means any section of a municipal |
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public library, including a shelf, physical space, or electronic |
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catalog, that is designated or labeled in a manner that indicates |
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its primary audience includes individuals who are younger than 18 |
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years of age. |
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(6) "Municipal public library" means a library that |
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is: |
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(A) financed and operated by a municipality; and |
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(B) open free of charge to all members of the |
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public under identical conditions. |
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(7) "Sexual conduct" includes: |
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(A) any touching of the anus, breast, or any part |
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of the genitals of another person with intent to arouse or gratify |
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the sexual desire of any person; |
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(B) actual or simulated sexual intercourse; |
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(C) any contact between the genitals of one |
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person and the mouth or anus of another person; |
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(D) sexual bestiality; |
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(E) masturbation; |
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(F) sado-masochistic abuse; or |
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(G) lewd exhibition of the genitals, the anus, or |
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any portion of the female breast below the top of the areola. |
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(8) "Sexually explicit material" means any |
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communication, language, or material, including a written |
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description, illustration, photographic image, video image, or |
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audio file, that describes, depicts, or portrays sexual conduct. |
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Sec. 310.002. ACCESS TO SEXUALLY EXPLICIT MATERIAL. (a) A |
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municipal public library may not maintain sexually explicit |
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material in a physical or electronic collection that a minor may |
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access. |
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(b) A municipal public library that maintains sexually |
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explicit material in a physical or electronic collection shall |
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implement age verification measures to prevent minors from |
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accessing such materials. |
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(c) A municipal public library may not maintain, curate, |
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display, or make available for checkout sexually explicit material |
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in a minor's section of the library. |
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(d) This section does not apply to religious materials. |
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Sec. 310.003. REVIEW OF LIBRARY COLLECTIONS. (a) The |
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commission shall establish guidelines for a municipal public |
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library to review its collections to determine whether material |
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curated in a minor's section contains sexually explicit material. |
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The guidelines must require a municipal public library to: |
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(1) annually review its collections; |
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(2) document the review process; and |
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(3) adopt a process to review specific material in its |
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collections upon petition from a member of the public and determine |
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if the material contains sexually explicit material not later than |
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the 10th day after the date of the receipt of the petition. |
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(b) A municipal public library that determines that the |
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library maintains, curates, displays, or makes available sexually |
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explicit material in a minor's section of the library or in a manner |
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that a minor may access in violation of Section 310.002 shall, not |
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later than the 45th day after the date the library makes the |
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determination, remove or relocate the sexually explicit material in |
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a manner that prevents access to the material by a minor. |
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Sec. 310.004. ELIGIBILITY FOR STATE GRANTS. (a) The |
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commission may require documentation of compliance with this |
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chapter to determine eligibility for state library grants. |
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(b) A municipal public library is not eligible to receive a |
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grant from the commission unless the library: |
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(1) provides an attestation on the grant application |
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that the library: |
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(A) does not maintain sexually explicit material |
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in any physical or electronic collection designated for minors; |
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(B) implements age verification measures to |
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prevent minors from accessing sexually explicit material; and |
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(C) does not maintain, curate, display, or make |
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available for checkout sexually explicit material in a minor's |
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section of the library; and |
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(2) confirms its adherence to the guidelines |
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established by the commission for a library to be eligible for a |
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grant from the commission. |
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Sec. 310.005. CIVIL PENALTY; INJUNCTION. (a) A municipal |
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public library that violates Section 310.002 is liable to the state |
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for a civil penalty of not more than $10,000 for each violation. |
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(b) The attorney general may bring an action to: |
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(1) recover the civil penalty imposed under this |
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section; or |
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(2) obtain a temporary or permanent injunction to |
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restrain the violation. |
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(c) An action under this section may be brought in a |
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district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation occurs. |
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(d) The attorney general shall deposit a civil penalty |
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collected under this section in the state treasury to the credit of |
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the general revenue fund. |
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(e) The attorney general may recover reasonable expenses |
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incurred in bringing an action under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition expenses. |
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Sec. 310.006. RULES. The commission may adopt rules |
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necessary to administer this chapter. |
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SECTION 2. Not later than September 1, 2026, the Texas State |
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Library and Archives Commission shall adopt the guidelines for |
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municipal public library collection reviews as required under |
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Section 310.003, Local Government Code, as added by this Act. |
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SECTION 3. Not later than January 1, 2027, each municipal |
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public library shall conduct the review required by Section |
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310.003, Local Government Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |