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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 to be |
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provided a copy of a particular material in a physical or electronic |
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format or in any other manner by library staff or automated systems. |
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(2) "Commission" means the Texas State Library and |
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Archives Commission. |
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(3) "Minor" means an individual who is younger than 18 |
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years of age. |
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(4) "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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(5) "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, as |
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defined by Section 43.25, Penal Code. |
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(6) "Minor's section" means any section of a municipal |
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public library designated for children, teens, or young adults, or |
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labeled in a manner that indicates its primary audience includes |
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individuals younger than 18 years of age. |
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(7) "Curate" means to select, organize, or place |
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materials within a specific section or collection of a municipal |
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public library. |
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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 curate, display, or |
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make available for checkout any sexually explicit material in any |
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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 the |
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collections curated in minor's sections contain sexually explicit |
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material. The guidelines must require a municipal public library |
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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 a specific material in |
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its collections upon petition from a member of the public and |
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determine if it contains sexually explicit material within ten days |
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of the petition. |
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(b) A municipal public library that determines that the |
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library curates, displays, or makes available for checkout any |
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sexually explicit material in a minor's section in violation of |
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Section 310.002 shall, not later than the 45th day after the date |
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the library makes the determination, remove or relocate the |
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sexually explicit material in a manner that prevents access to the |
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material by a minor. |
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Sec. 310.004. ENFORCEMENT; PENALTY; INJUNCTION. (a) The |
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commission may monitor and enforce compliance with this chapter. |
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(b) If the commission determines that a municipal public |
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library has violated Section 310.002 and has not removed or |
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relocated sexually explicit material that is the subject of the |
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violation by the 45th day after the date the commission notifies the |
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library of the violation, the state or a political subdivision may |
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not provide funds to the municipal public library for the fiscal |
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year following the year in which the library is found to be in |
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violation of Section 310.002. |
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(c) A municipal public library that violates Section |
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310.002 is liable to the state for a civil penalty of not more than |
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$10,000 for each violation. |
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(d) 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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(e) 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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(f) 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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(g) 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. 310.005. RULES. The commission may adopt rules |
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necessary to administer this chapter. |
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SECTION 2. Not later than January 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. |