Texas House Bill HB1375

Texas 2025 - 89th Regular

• Filed: 11/18/24
• Out of House Committee: 5/12/25

Caption

Relating to civil liability for obscenity.

Impact

If passed, HB 1375 would amend the Civil Practice and Remedies Code to include a new chapter specifically addressing civil liability for obscenity. This would mean that any instances of harm due to the distribution of obscenity could lead to lawsuits against those responsible, including majority shareholders of companies involved. The bill stipulates that even if a court finds certain applications unconstitutional, the valid aspects of the law will still remain enforceable, thereby reinforcing the legislature's intent to protect minors.

Summary

House Bill 1375 addresses civil liability related to obscenity as defined in the Penal Code. This bill introduces provisions that hold commercial entities liable for the distribution or display of harmful material to minors, particularly when it can directly harm them. The bill outlines that any entity knowingly engaging in obscenity can face legal consequences, including financial damages. By establishing clearer guidelines for accountability, the bill seeks to protect minors from exposure to inappropriate content while also aiming to facilitate legal recourse for individuals harmed by such content.

Sentiment

The sentiment regarding HB 1375 appears to be mixed, with supporters advocating for the protection of minors against obscenity. However, there are concerns voiced by opponents about potential overreach and implications for free speech, particularly regarding how the law could affect the operations of media and news-gathering organizations. There is an underlying tension regarding the balance between safeguarding the community and protecting constitutional rights.

Contention

Notable points of contention arise from the bill's potential to create liability for news-gathering organizations, which could lead to a chilling effect on reporting and dissemination of information. Critics argue that the broad definitions of obscenity and harmful material may lead to the improper targeting of content that should be constitutionally protected. This debate highlights the difficulties in creating laws that adequately balance the protection of minors with the preservation of First Amendment rights.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 98. Liability For Trafficking Of Persons
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 43. Public Indecency
  • Section: 24
  • Section: 24