Texas 2025 - 89th Regular

Texas House Bill HB5460 Compare Versions

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11 By: Shofner H.B. No. 5460
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46 A BILL TO BE ENTITLED
57 AN ACT
68 relating to the display of sexually explicit material in public
79 libraries.
810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. This Act shall be known as the Good, the True,
1012 and the Beautiful Act.
1113 SECTION 2. Section 323, Local Government Code is amended by
1214 adding Subchapter E to read as follows:
1315 SUBCHAPTER E. MATERIALS IN COUNTY LIBRARIES
1416 Sec. 323.081. SEXUALLY EXPLICIT MATERIALS (a) In this
1517 section, "sexually explicit material" means any communication,
1618 language, or material, including a written description,
1719 photographic image, video image, or audio file, excluding library
1820 material directly related to required curriculum, as referenced in
1921 Section 28.002, Education Code, that describes or portrays sexual
2022 conduct, as defined by Section 43.25, Penal Code, in a patently
2123 offensive way, as defined by Section 43.21, Penal Code.
2224 (b) A county librarian shall not display sexually explicit
2325 materials in a county library.
2426 SECTION 3. Section 326, Local Government Code is amended by
2527 adding Subchapter F to read as follows:
2628 SUBCHAPTER F. MATERIALS IN LIBRARY DISTRICTS
2729 Sec. 326.101. SEXUALLY EXPLICIT MATERIALS (a) In this
2830 section, "sexually explicit material" means any communication,
2931 language, or material, including a written description,
3032 photographic image, video image, or audio file, excluding library
3133 material directly related to required curriculum, as referenced in
3234 Section 28.002, Education Code, that describes or portrays sexual
3335 conduct, as defined by Section 43.25, Penal Code, in a patently
3436 offensive way, as defined by Section 43.21, Penal Code.
3537 (b) A librarian of a district library shall not display
3638 sexually explicit materials in a district library.
3739 SECTION 4. Section 336, Local Government Code is amended by
3840 adding Subchapter J to read as follows:
3941 SUBCHAPTER J. MATERIALS IN MULTI-JURISDICTIONAL LIBRARY DISTRICTS
4042 Sec. 336.361 SEXUALLY EXPLICIT MATERIALS (a) In this
4143 section, "sexually explicit material" means any communication,
4244 language, or material, including a written description,
4345 photographic image, video image, or audio file, excluding library
4446 material directly related to required curriculum, as referenced in
4547 Section 28.002, Education Code, that describes or portrays sexual
4648 conduct, as defined by Section 43.25, Penal Code, in a patently
4749 offensive way, as defined by Section 43.21, Penal Code.
4850 (b) A librarian of a multi-jurisdictional district library
4951 shall not display sexually explicit materials in a
5052 multi-jurisdictional district library.
5153 SECTION 5. This Act takes effect September 1, 2025.