Hughes Library Bill Covers Any Written Description Of Sexual Conduct

The text as introduced · 827 words

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.