Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3225 by Alders (Relating to the restriction of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.), As Engrossed
There could be a positive fiscal impact from penalty revenues associated with any violations. However, the amount and timing of violations are unknown. Therefore, the fiscal impact cannot be determined.
The bill would prohibit a municipal public library from maintaining sexually explicit materials that a minor may access in a minor's section, and require guardian consent and age verification to access those materials.
The bill would require the Texas State Library and Archives Commission (commission) to establish guidelines for libraries to review their collections for explicit materials. Libraries would be required to remove any explicit materials from a minor's section within 45 days of a determination. The commission would be required to require documentation of compliance to determine eligibility for state library grants. Libraries would be subject to a civil penalty of $10,000 for each violation, and a loss of state or local funding for the following year. Libraries would be required to temporarily post a public notice regarding the review of their materials.
The Attorney General would be authorized to bring action to recover civil penalties and other reasonable expenses, and obtain an injunction to restrain the violation.
This analysis assumes that any cost to the commission to implement the bill's provisions could be absorbed within existing resources.
Local Government Impact
There could be a significant impact on municipal public libraries related to staffing, implementing age verification systems, creating designated minor sections, and any penalties stemming from violations of the bill's provisions.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 306 Library & Archives Commission