H.B. 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 includes provisions regarding the liability of majority shareholders or members of legal entities, stating they can be jointly and severally liable if they cause the entity to engage in obscenity 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 for severability of its provisions in case any part is found unconstitutional. The act is set to take effect on September 1, 2025.

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