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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a civil penalty and providing for injunctive |
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relief against museums that display certain obscene or harmful |
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material. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 402, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 402.071. MUSEUM DISPLAYING CERTAIN OBSCENE OR HARMFUL |
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MATERIAL: CIVIL PENALTY AND INJUNCTION. (a) A museum that displays |
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obscene or harmful material in violation of Section 43.22, 43.23, |
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or 43.24, Penal Code, is liable to the state in an amount not to |
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exceed $500,000 for each item of displayed material and each day the |
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display continues. |
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(b) The attorney general may bring an action to obtain: |
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(1) injunctive relief; |
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(2) a civil penalty as provided by Subsection (a); and |
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(3) reasonable attorney's fees and reasonably incurred |
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costs of investigation or litigation. |
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(c) An injunction issued under this section must require, in |
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addition to any other relief, that a museum publicly displaying |
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obscene or harmful material as described by Subsection (a) remove |
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the material from public display indefinitely. |
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SECTION 2. This Act takes effect September 1, 2025. |