By: Shofner H.B. No. 5460
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the display of sexually explicit material in public
  libraries.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Good, the True,
  and the Beautiful Act.
         SECTION 2.  Section 323, Local Government Code is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. MATERIALS IN COUNTY LIBRARIES
         Sec. 323.081.  SEXUALLY EXPLICIT MATERIALS (a) In this
  section, "sexually explicit material" means any communication,
  language, or material, including a written description,
  photographic image, video image, or audio file, excluding library
  material directly related to required curriculum, as referenced in
  Section 28.002, Education Code, that describes or portrays sexual
  conduct, as defined by Section 43.25, Penal Code, in a patently
  offensive way, as defined by Section 43.21, Penal Code.
         (b)  A county librarian shall not display sexually explicit
  materials in a county library.
         SECTION 3.  Section 326, Local Government Code is amended by
  adding Subchapter F to read as follows:
  SUBCHAPTER F. MATERIALS IN LIBRARY DISTRICTS
         Sec. 326.101.  SEXUALLY EXPLICIT MATERIALS (a) In this
  section, "sexually explicit material" means any communication,
  language, or material, including a written description,
  photographic image, video image, or audio file, excluding library
  material directly related to required curriculum, as referenced in
  Section 28.002, Education Code, that describes or portrays sexual
  conduct, as defined by Section 43.25, Penal Code, in a patently
  offensive way, as defined by Section 43.21, Penal Code.
         (b)  A librarian of a district library shall not display
  sexually explicit materials in a district library.
         SECTION 4.  Section 336, Local Government Code is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. MATERIALS IN MULTI-JURISDICTIONAL LIBRARY DISTRICTS
         Sec. 336.361  SEXUALLY EXPLICIT MATERIALS (a) In this
  section, "sexually explicit material" means any communication,
  language, or material, including a written description,
  photographic image, video image, or audio file, excluding library
  material directly related to required curriculum, as referenced in
  Section 28.002, Education Code, that describes or portrays sexual
  conduct, as defined by Section 43.25, Penal Code, in a patently
  offensive way, as defined by Section 43.21, Penal Code.
         (b)  A librarian of a multi-jurisdictional district library
  shall not display sexually explicit materials in a
  multi-jurisdictional district library.
         SECTION 5.  This Act takes effect September 1, 2025.