House Bill No. 1375 introduces a new chapter, Chapter 98C, to the Civil Practice and Remedies Code, which establishes civil liability for obscenity. The bill 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 engages in obscenity. Additionally, commercial entities can be held liable for distributing harmful material to minors if they knowingly benefit from such actions.

The bill also addresses shareholder and member liability, stating that shareholders or members of a legal entity can be jointly and severally liable for obscenity if they caused the entity to engage in such conduct for their personal benefit. It prohibits certain defenses against liability, such as claims of ignorance or previous acquittals. The bill mandates that courts award actual damages, including mental anguish, and allows for the recovery of exemplary damages. Furthermore, it emphasizes that the chapter should be liberally construed to protect individuals from obscenity and provides that it does not apply to bona fide news or public interest broadcasts. The act is set to take effect on September 1, 2025.

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