BILL ANALYSIS Senate Research Center S.B. 3003 By: Paxton State Affairs 4/29/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Prohibiting the sale of items which are harmful to minors is long established for alcohol, cigarettes, and firearms. Likewise, sexually oriented businesses do not allow those under the age of 18 to enter the premises, thereby keeping children away from products harmful to them; however, online sales have made it easier for minors to obtain these devices, especially as big box retailers have entered the obscene devices market. This bill seeks to close the online sales loophole to provide parity with the requirements for in-person sales at a sexually oriented business. S.B. 3003 seeks to ensure obscene devices are not sold to minors by requiring age verification for online sales of these products. As proposed, S.B. 3003 amends current law relating to age verification for the online sale of obscene devices. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 43, Penal Code, by adding Section 43.29, as follows: Sec. 43.29. ONLINE SALE OF OBSCENE DEVICES TO MINORS PROHIBITED. (a) Provides that a person commits an offense if, with criminal negligence, the person sells or delivers an obscene device online to an individual under the age of 18 or to any person without implementing an age verification process at the point of sale to reasonably ensure that the purchaser is 18 years of age or older. (b) Defines "age verification process." (c) Provides that it is a defense to prosecution under this section that the minor falsely represented themselves to be 18 years of age or older by providing a government-issued identification card or other documentation that appears to be valid on its face or the minor presents a form of identification that is valid but was not issued to the minor. (d) Provides that a violation of this section is a Class A Misdemeanor. (e) Provides that a person who violates this section is also subject to a civil penalty of an amount not to exceed $5,000 for each violation under Chapter 43 (Public Indecency). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 3003
By: Paxton
State Affairs
4/29/2025
As Filed
Senate Research Center
S.B. 3003
By: Paxton
State Affairs
4/29/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Prohibiting the sale of items which are harmful to minors is long established for alcohol, cigarettes, and firearms. Likewise, sexually oriented businesses do not allow those under the age of 18 to enter the premises, thereby keeping children away from products harmful to them; however, online sales have made it easier for minors to obtain these devices, especially as big box retailers have entered the obscene devices market.
This bill seeks to close the online sales loophole to provide parity with the requirements for in-person sales at a sexually oriented business.
S.B. 3003 seeks to ensure obscene devices are not sold to minors by requiring age verification for online sales of these products.
As proposed, S.B. 3003 amends current law relating to age verification for the online sale of obscene devices.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 43, Penal Code, by adding Section 43.29, as follows:
Sec. 43.29. ONLINE SALE OF OBSCENE DEVICES TO MINORS PROHIBITED. (a) Provides that a person commits an offense if, with criminal negligence, the person sells or delivers an obscene device online to an individual under the age of 18 or to any person without implementing an age verification process at the point of sale to reasonably ensure that the purchaser is 18 years of age or older.
(b) Defines "age verification process."
(c) Provides that it is a defense to prosecution under this section that the minor falsely represented themselves to be 18 years of age or older by providing a government-issued identification card or other documentation that appears to be valid on its face or the minor presents a form of identification that is valid but was not issued to the minor.
(d) Provides that a violation of this section is a Class A Misdemeanor.
(e) Provides that a person who violates this section is also subject to a civil penalty of an amount not to exceed $5,000 for each violation under Chapter 43 (Public Indecency).
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.