By: Shofner H.B. No. 5460
A BILL TO BE ENTITLED
AN ACT
relating to the display of sexually explicit material in public
libraries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Good, the True,
and the Beautiful Act.
SECTION 2. Section 323, Local Government Code is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. MATERIALS IN COUNTY LIBRARIES
Sec. 323.081. SEXUALLY EXPLICIT MATERIALS (a) In this
section, "sexually explicit material" means any communication,
language, or material, including a written description,
photographic image, video image, or audio file, excluding library
material directly related to required curriculum, as referenced in
Section 28.002, Education Code, that describes or portrays sexual
conduct, as defined by Section 43.25, Penal Code, in a patently
offensive way, as defined by Section 43.21, Penal Code.
(b) A county librarian shall not display sexually explicit
materials in a county library.
SECTION 3. Section 326, Local Government Code is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. MATERIALS IN LIBRARY DISTRICTS
Sec. 326.101. SEXUALLY EXPLICIT MATERIALS (a) In this
section, "sexually explicit material" means any communication,
language, or material, including a written description,
photographic image, video image, or audio file, excluding library
material directly related to required curriculum, as referenced in
Section 28.002, Education Code, that describes or portrays sexual
conduct, as defined by Section 43.25, Penal Code, in a patently
offensive way, as defined by Section 43.21, Penal Code.
(b) A librarian of a district library shall not display
sexually explicit materials in a district library.
SECTION 4. Section 336, Local Government Code is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. MATERIALS IN MULTI-JURISDICTIONAL LIBRARY DISTRICTS
Sec. 336.361 SEXUALLY EXPLICIT MATERIALS (a) In this
section, "sexually explicit material" means any communication,
language, or material, including a written description,
photographic image, video image, or audio file, excluding library
material directly related to required curriculum, as referenced in
Section 28.002, Education Code, that describes or portrays sexual
conduct, as defined by Section 43.25, Penal Code, in a patently
offensive way, as defined by Section 43.21, Penal Code.
(b) A librarian of a multi-jurisdictional district library
shall not display sexually explicit materials in a
multi-jurisdictional district library.
SECTION 5. This Act takes effect September 1, 2025.