By: Hughes S.B. No. 2101
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of access by minors to sexually
explicit materials in municipal public library collections;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 10, Local Government Code, is
amended by adding Chapter 310 to read as follows:
CHAPTER 310. SEXUALLY EXPLICIT MATERIALS IN MUNICIPAL PUBLIC
LIBRARY COLLECTIONS
Sec. 310.001. DEFINITIONS. In this chapter:
(1) "Access" means the ability to check out, or to be
provided a copy of a particular material in a physical or
electronic format or in any other manner by library staff or
automated systems.
(2) "Commission" means the Texas State Library and
Archives Commission.
(3) "Minor" means an individual who is younger than 18
years of age.
(4) "Municipal public library" means a library that
is:
(A) financed and operated by a municipality; and
(B) open free of charge to all members of the
public under identical conditions.
(5) "Sexually explicit material" means any
communication, language, or material, including a written
description, illustration, photographic image, video image, or
audio file, that describes, depicts, or portrays sexual conduct,
as defined by Section 43.25, Penal Code.
(6) "Minor's section" means any section of a municipal
public library designated for children, teens, or young adults, or
labeled in a manner that indicates its primary audience includes
individuals younger than 18 years of age.
(7) "Curate" means to select, organize, or place
materials within a specific section or collection of a municipal
public library.
Sec. 310.002. ACCESS TO SEXUALLY EXPLICIT MATERIAL. (a) A
municipal public library may not maintain sexually explicit
material in a physical or electronic collection that a minor may
access.
(b) A municipal public library that maintains sexually
explicit material in a physical or electronic collection shall
implement age verification measures to prevent minors from
accessing such materials.
(c) A municipal public library may not curate, display, or
make available for checkout any sexually explicit material in any
minor's section of the library.
(d) This section does not apply to religious materials.
Sec. 310.003. REVIEW OF LIBRARY COLLECTIONS. (a) The
commission shall establish guidelines for a municipal public
library to review its collections to determine whether the
collections curated in minor's sections contain sexually explicit
material. The guidelines must require a municipal public library
to:
(1) annually review its collections;
(2) document the review process; and
(3) adopt a process to review a specific material in
its collections upon petition from a member of the public and
determine if it contains sexually explicit material within ten days
of the petition.
(b) A municipal public library that determines that the
library curates, displays, or makes available for checkout any
sexually explicit material in a minor's section in violation of
Section 310.002 shall, not later than the 45th day after the date
the library makes the determination, remove or relocate the
sexually explicit material in a manner that prevents access to the
material by a minor.
Sec. 310.004. ENFORCEMENT; PENALTY; INJUNCTION.(a) The
commission may monitor and enforce compliance with this chapter.
(b) If the commission determines that a municipal public
library has violated Section 310.002 and has not removed or
relocated sexually explicit material that is the subject of the
violation by the 45th day after the date the commission notifies
the library of the violation, the state or a political subdivision
may not provide funds to the municipal public library for the
fiscal year following the year in which the library is found to be
in violation of Section 310.002.
(c) A municipal public library that violates Section 310.002
is liable to the state for a civil penalty of not more than $10,000
for each violation.
(d) The attorney general may bring an action to:
(1) recover the civil penalty imposed under this
section; or
(2) obtain a temporary or permanent injunction to
restrain the violation.
(e) An action under this section may be brought in a
district court in:
(1) Travis County; or
(2) a county in which any part of the violation occurs.
(f) The attorney general shall deposit a civil penalty
collected under this section in the state treasury to the credit of
the general revenue fund.
(g) The attorney general may recover reasonable expenses
incurred in bringing an action under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition expenses.
Sec. 310.005. RULES. The commission may adopt rules
necessary to administer this chapter.
SECTION 2. Not later than January 1, 2026, the Texas State
Library and Archives Commission shall adopt the guidelines for
municipal public library collection reviews as required under
Section 310.003, Local Government Code, as added by this Act.
SECTION 3. Not later than January 1, 2027, each municipal
public library shall conduct the review required by Section
310.003, Local Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.