| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 89R15540 JCG-D | |
| 2 | 2 | By: Lowe H.B. No. 3958 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to creating a civil penalty and providing for injunctive | |
| 10 | 10 | relief against museums that display certain obscene or harmful | |
| 11 | 11 | material. | |
| 12 | 12 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | 13 | SECTION 1. Chapter 402, Government Code, is amended by | |
| 14 | 14 | adding Subchapter D to read as follows: | |
| 15 | 15 | SUBCHAPTER D. ENFORCEMENT | |
| 16 | 16 | Sec. 402.071. MUSEUM DISPLAYING CERTAIN OBSCENE OR HARMFUL | |
| 17 | 17 | MATERIAL: CIVIL PENALTY AND INJUNCTION. (a) A museum that displays | |
| 18 | 18 | obscene or harmful material in violation of Section 43.22, 43.23, | |
| 19 | 19 | or 43.24, Penal Code, is liable to the state in an amount not to | |
| 20 | 20 | exceed $500,000 for each item of displayed material and each day the | |
| 21 | 21 | display continues. | |
| 22 | 22 | (b) The attorney general may bring an action to obtain: | |
| 23 | 23 | (1) injunctive relief; | |
| 24 | 24 | (2) a civil penalty as provided by Subsection (a); and | |
| 25 | 25 | (3) reasonable attorney's fees and reasonably incurred | |
| 26 | 26 | costs of investigation or litigation. | |
| 27 | 27 | (c) An injunction issued under this section must require, in | |
| 28 | 28 | addition to any other relief, that a museum publicly displaying | |
| 29 | 29 | obscene or harmful material as described by Subsection (a) remove | |
| 30 | 30 | the material from public display indefinitely. | |
| 31 | 31 | SECTION 2. This Act takes effect September 1, 2025. |