HB3225 - Relating to the restriction of access by minors to sexually explicit materials in municipal public library collections; providing a civil penalty.

      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 [Text truncated for display. 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