Monitoring the Session

HB 1549

Hickland’s bill restricting obscene device sales

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Hillary HicklandRHouse 55

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to restrictions on the sale of obscene devices; providing a civil penalty.

Caption from analyzed text · version I.

Summary

Only licensed sexually oriented businesses may sell them.

The bill bars any business in Texas from selling, offering, or holding for sale an obscene device, as the Penal Code defines it, unless the business is a licensed sexually oriented business following Chapter 102 of the Business & Commerce Code. County and district attorneys can sue a business in their area to stop the sales and ask a court for a civil penalty of up to $5,000 per violation, plus repayment of the cost of investigating and prosecuting the case. In practice, general retailers like pharmacies, convenience stores, and other shops would have to stop selling these products, and sales would be limited to sexually oriented businesses.

Labels

Labels: ACROSS THE AISLE. Joint authors: 3 Republicans, 2 Democrats. Party as the Legislative Reference Library lists it for the 89th Legislature.NEVER GOT A HEARING. Filed Dec 9, 2024 and referred to the House Trade, Workforce & Economic Development committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB1549 · 2024-12-09

SOLD BY

+ 2 more authors, 50 coauthors

ITEM

relating to restrictions on the sale of obscene devices; providing a civil penalty.

WHAT IT DOES

Only licensed sexually oriented businesses may sell them.

The bill bars any business in Texas from selling, offering, or holding for sale an obscene device, as the Penal Code defines it, unless the business is a licensed sexually oriented business following Chapter 102 of the Business & Commerce Code. County and district attorneys can sue a business in their area to stop the sales and ask a court for a civil penalty of up to $5,000 per violation, plus repayment of the cost of investigating and prosecuting the case. In practice, general retailers like pharmacies, convenience stores, and other shops would have to stop selling these products, and sales would be limited to sexually oriented businesses.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Trade, Workforce & Economic Development
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 31, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$310,226.49

Texans for Lawsuit Reform PAC

$310,226.49

Cash
$50,000.00
Paid by others
$260,226.49
Total
$310,226.49
mail $134,060.64advertising $105,955.50polling $20,210.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 30, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005755, 101019808, 101048921, 101069141, 101072319.

Texas Conservative Majority PAC$135,152.00

Texas Conservative Majority PAC

$135,152.00

Cash
$10,000.00
Paid by others
$125,152.00
Total
$135,152.00
canvassing $125,152.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 8, 2026 to Sep 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069141.

Court Reform Action for Families Texas PAC$25,000.00

Court Reform Action for Families Texas PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 32 other sitting lawmakers.

Derived recipient stock · Feb 20, 2026 to Oct 14, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Sep 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069141.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$310,226.49

Cash
$50,000.00
Paid by others
$260,226.49
Total
$310,226.49
mail $134,060.64advertising $105,955.50polling $20,210.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 30, 2025 to Oct 15, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005755, 101019808, 101048921, 101069141, 101072319.

×

Texas Conservative Majority PAC

$135,152.00

Cash
$10,000.00
Paid by others
$125,152.00
Total
$135,152.00
canvassing $125,152.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 8, 2026 to Sep 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069141.

×

Court Reform Action for Families Texas PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 32 other sitting lawmakers.

Derived recipient stock · Feb 20, 2026 to Oct 14, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Sep 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101069141.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Dec 9, 2024

03/12/2025 H Referred to Trade, Workforce & Economic Development: Mar 12 2025 11:15AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors

House committee · Trade, Workforce & Economic Development · Final status: Died in committee

Companion

SB 2399 by Paxton (very similar)

Subjects

Business & Commerce--General

Civil Remedies & Liabilities

Courts--Prosecuting Attorneys

SEXUALLY ORIENTED BUSINESSES

Text

The text as introduced · 313 words

By: Hickland
H.B. No. 1549

A BILL TO BE ENTITLED

AN ACT

relating to restrictions on the sale of obscene devices; providing

a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 6, Business & Commerce Code, is amended by

adding Chapter 205 to read as follows:

CHAPTER 205. RESTRICTION ON THE SALE OF OBSCENE DEVICES

Sec. 205.001. DEFINITIONS. In this chapter:

(1) "Obscene device" has the meaning assigned by

Section 43.21, Penal Code.

(2) "Sexually oriented business" has the meaning

assigned by Section 243.002, Local Government Code.

Sec. 205.002. SALE OF OBSCENE DEVICES RESTRICTED. A

business in this state may not sell, offer for sale, or hold for

sale an obscene device, unless the business is a sexually oriented

business operating in accordance with Chapter 102.

Sec. 205.003. ENFORCEMENT; INJUNCTION AND CIVIL PENALTY.

(a) A county or district attorney who believes that a business

located in that county or district attorney's jurisdiction has

violated or is violating Section 205.002 may bring an action in a

district court of the county to enjoin the business from violating

that section.

(b) In addition to seeking an injunction under Subsection

(a), the county or district attorney may request and the court may

order any other relief that may be in the public interest,

including:

(1) the imposition of a civil penalty in an amount not

to exceed $5,000 for each violation of Section 205.002; and

(2) an order requiring reimbursement to the county or

district for the reasonable value of investigating and prosecuting

a violation of Section 205.002.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.