| 1 | 1 | | 89R5151 BCH-D |
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| 2 | 2 | | By: Paxton, Hinojosa of Nueces S.B. No. 2399 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to restrictions on the sale of obscene devices; providing |
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| 10 | 10 | | a civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Title 6, Business & Commerce Code, is amended by |
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| 13 | 13 | | adding Chapter 205 to read as follows: |
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| 14 | 14 | | CHAPTER 205. RESTRICTION ON THE SALE OF OBSCENE DEVICES |
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| 15 | 15 | | Sec. 205.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Obscene device" has the meaning assigned by |
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| 17 | 17 | | Section 43.21, Penal Code. |
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| 18 | 18 | | (2) "Sexually oriented business" has the meaning |
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| 19 | 19 | | assigned by Section 243.002, Local Government Code. |
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| 20 | 20 | | Sec. 205.002. SALE OF OBSCENE DEVICES RESTRICTED. A |
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| 21 | 21 | | business in this state may not sell, offer for sale, or hold for |
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| 22 | 22 | | sale an obscene device, unless the business is a sexually oriented |
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| 23 | 23 | | business operating in accordance with Chapter 102. |
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| 24 | 24 | | Sec. 205.003. ENFORCEMENT; INJUNCTION AND CIVIL PENALTY. |
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| 25 | 25 | | (a) A county or district attorney who believes that a business |
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| 26 | 26 | | located in that county or district attorney's jurisdiction has |
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| 27 | 27 | | violated or is violating Section 205.002 may bring an action in a |
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| 28 | 28 | | district court of the county to enjoin the business from violating |
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| 29 | 29 | | that section. |
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| 30 | 30 | | (b) In addition to seeking an injunction under Subsection |
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| 31 | 31 | | (a), the county or district attorney may request and the court may |
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| 32 | 32 | | order any other relief that may be in the public interest, |
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| 33 | 33 | | including: |
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| 34 | 34 | | (1) the imposition of a civil penalty in an amount not |
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| 35 | 35 | | to exceed $5,000 for each violation of Section 205.002; and |
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| 36 | 36 | | (2) an order requiring reimbursement to the county or |
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| 37 | 37 | | district for the reasonable value of investigating and prosecuting |
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| 38 | 38 | | a violation of Section 205.002. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2025. |
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