H.B. No. 1549 introduces a new chapter, Chapter 205, to the Business & Commerce Code, which establishes restrictions on the sale of obscene devices in Texas. The bill defines "obscene device" and "sexually oriented business" by referencing existing legal definitions. It prohibits any business from selling, offering for sale, or holding for sale an obscene device unless it qualifies as a sexually oriented business operating under Chapter 102.
The bill also outlines enforcement mechanisms, allowing county or district attorneys to seek injunctions against businesses violating the sale restrictions. Additionally, it permits the imposition of civil penalties up to $5,000 for each violation and allows for reimbursement of investigation and prosecution costs to the county or district. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.
Statutes affected: Introduced: ()