Relating to the restriction of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.

89(R) HB 3225 - Senate Committee Report version - Bill Text

By: Alders, et al. (Senate Sponsor - Hughes, et al.)

H.B. No. 3225

(In the Senate - Received from the House May 12, 2025;

May 13, 2025, read first time and referred to Committee on State

Affairs; May 23, 2025, reported favorably by the following vote:

Yeas 8, Nays 1; May 23, 2025, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the restriction 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 be

provided with library material in any format in the library's

catalog by library staff or an automated system.

(2)

"Commission" means the Texas State Library and

Archives Commission.

(3)

"Curate" means to select, organize, or place

material within a specific physical or electronic section or

collection of a municipal public library.

(4)

"Minor" means an individual who is younger than 18

years of age.

(5)

"Minor's section"

means any section of a municipal

public library, including a shelf, physical space, or electronic

catalog, that is designated or labeled in a manner that indicates

its primary audience includes individuals who are younger than 18

years of age.

(6)

"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.

(7) "Sexual conduct" means:

(A)

any touching of the anus, breast, or any part

of the genitals of another person with intent to arouse or gratify

the sexual desire of any person;

(B) actual or simulated sexual intercourse;

(C)

any contact between the genitals of one

person and the mouth or anus of another person;

(D) sexual bestiality;

(E) masturbation;

(F) sado-masochistic abuse; or

(G)

lewd exhibition of the genitals, the anus, or

any portion of the female breast below the top of the areola.

(8)

"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 in

an explicit manner.

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 in a minor's section.

(b)

A municipal public library that maintains sexually

explicit material in a physical or electronic collection:

(1)

may not permit a minor to check out such material

from a physical collection or view or download such material in an

electronic format without consent from the minor's legal guardian

as provided under Subsection (d); and

(2)

shall implement age verification measures to

prevent minors from checking out from a physical collection or

viewing or downloading in an electronic format such material

without consent from the minor's legal guardian as provided under

Subsection (d).

(c)

A municipal public library may not maintain, curate,

display, or make available for checkout sexually explicit material

in a minor's section of the library.

(d)

A municipal public library may permit a minor to check

out from a physical collection or view or download in an electronic

format:

(1)

materials that do not contain sexually explicit

material; and

(2)

with consent from the minor's legal guardian, any

materials in the library's physical or electronic collection, if

the library gives notice to the legal guardian that the full

collection may contain sexually explicit material.

(e) 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 material

curated in a minor's section contains sexually explicit material.

The guidelines must require a municipal public library to:

(1)

annually review all new materials curated for a

minor's section;

(2) document the review process; and

(3)

adopt a process to review specific material in its

collections upon petition from a member of the public and determine

if the material contains sexually explicit material not later than

the 10th day after the later of the date of the receipt of the

petition or the date the material is available for review.

(b)

The guidelines established under Subsection (a) must

allow a municipal public library to deny a petition to review any

material previously reviewed under the process described by

Subsection (a)(3).

(c)

A municipal public library that determines that the

library maintains, curates, displays, or makes available sexually

explicit material in a minor's section of the library or in a manner

that a minor may access 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 in a

minor's section.

Sec.

310.004.

ELIGIBILITY FOR STATE GRANTS. (a) The

commission shall require documentation of compliance with this

chapter to determine eligibility for state library grants.

(b)

A municipal public library is not eligible to receive a

grant from the commission unless the library:

(1)

provides an attestation on the grant application

that the library:

(A)

does not maintain sexually explicit material

in any physical or electronic collection designated for minors;

(B)

implements age verification measures to

prevent minors from checking out sexually explicit material; and

(C)

does not maintain, curate, display, or make

available for checkout sexually explicit material in a minor's

section of the library; and

(2)

confirms its adherence to the guidelines

established by the commission for a library to be eligible for a

grant from the commission.

Sec.

310.005.

CIVIL PENALTY; INJUNCTION.

(a)

A municipal

public library that violates Section 310.002 and does not remedy

the violation within the period prescribed by Section 310.003(c) is

liable to the state for a civil penalty of not more than $10,000 for

each violation.

(b) 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.

(c)

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.

(d)

The attorney general shall deposit a civil penalty

collected under this section in the state treasury to the credit of

the general revenue fund.

(e)

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.

310.006.

RULES. The commission may adopt rules

necessary to administer this chapter.

Sec.

310.007.

TEMPORARY PROVISION: REVIEW OF EXISTING

COLLECTIONS BY SEPTEMBER 1, 2027, REQUIRED; PUBLIC NOTICE. (a)

Each municipal public library shall:

(1)

not later than March 1, 2026, post in a prominent

location within the library the public notice described by

Subsection (b); and

(2)

not later than September 1, 2027, conduct a review

of the library's existing collections curated for a minor's section

according to the guidelines established by the commission under

Section 310.003.

(b) The public notice must contain:

(1)

a statement that, under Chapter 310, municipal

public libraries are required to complete a review of all materials

curated for minors by September 1, 2027;

(2)

a statement indicating whether the library has

initiated a review of its minor's section to identify and relocate

sexually explicit material in good faith compliance with the law;

and

(3)

the contact information for the library for any

public inquiries regarding the review process.

(c)

The commission may adopt a model notice template for

municipal public libraries to use to meet the requirements of this

section.

(d) This section expires January 1, 2028.

SECTION 2. Not later than September 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. This Act takes effect September 1, 2025.

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