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