HB 1549

AN ACT relating to restrictions on the sale of obscene devices; providing

House Bill Hickland | Manuel | Ordaz | Leach | Leo Wilson
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

Not available

What This Bill Does

This Texas bill restricts businesses from selling obscene devices, except for sexually oriented businesses operating under specific regulations. If a business sells such devices outside of these parameters, county or district attorneys can take legal action, seeking injunctions and civil penalties up to $5,000 per violation. The bill aims to limit the sale of obscene devices in Texas, with enforcement mechanisms targeting businesses that do not comply with the new restrictions.

Subject Areas

Bill Text

relating to restrictions on the sale of obscene devices; providing
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. RESTRICTION ON THE SALE OF OBSCENE DEVICES
Sec. 205.001.  DEFINITIONS.  In this chapter:
(1)  "Obscene device" has the meaning assigned by
(2)  "Sexually oriented business" has the meaning
assigned by Section 243.002, Local Government Code.
Sec. 205.002.  SALE OF OBSCENE DEVICES RESTRICTED.  A
business in this state may not sell, offer for sale, or hold for
sale an obscene device, unless the business is a sexually oriented
business operating in accordance with Chapter 102.
Sec. 205.003.  ENFORCEMENT; INJUNCTION AND CIVIL PENALTY.
(a)  A county or district attorney who believes that a business
located in that county or district attorney's jurisdiction has
violated or is violating Section 205.002 may bring an action in a
district court of the county to enjoin the business from violating
(b)  In addition to seeking an injunction under Subsection
(a), the county or district attorney may request and the court may
order any other relief that may be in the public interest,
(1)  the imposition of a civil penalty in an amount not
to exceed $5,000 for each violation of Section 205.002; and
(2)  an order requiring reimbursement to the county or
district for the reasonable value of investigating and prosecuting
a violation of Section 205.002.
SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to restrictions on the sale of obscene devices; providing