The proposed bill, H.B. No. 1375, introduces Chapter 98C to the Civil Practice and Remedies Code, establishing civil liability for obscenity. It defines key terms such as "commercial entity," "harmful material," "minor," and "obscenity," and outlines the conditions under which a defendant can be held liable for damages arising from obscenity. Specifically, a defendant can be liable if they engage in obscenity or knowingly benefit from an entity that does. Additionally, commercial entities can be held liable for distributing harmful material to minors if they knowingly facilitate such actions. The bill also stipulates that majority shareholders or members of legal entities can be jointly liable if they cause the entity to engage in obscenity for their personal benefit.

The bill further details prohibited defenses against liability, including claims of ignorance or previous acquittals, and establishes the types of damages that can be awarded to claimants, including actual damages and attorney's fees. It emphasizes that the cause of action is cumulative of other remedies and allows for joint and several liability among defendants. The bill also includes provisions for liberal construction to protect individuals from obscenity and clarifies that it does not apply to bona fide news organizations or internet service providers acting as conduits for content. The act is set to take effect on September 1, 2025, and includes a severability clause to ensure that if any part is found unconstitutional, the remaining provisions will still stand.

Statutes affected:
Introduced: ()
House Committee Report: ()