Bill > HB1375

This bill establishes a new legal framework for civil liability related to obscenity in Texas, creating a comprehensive set of provisions that allow individuals to sue for damages arising from obscene content. The bill defines key terms such as "commercial entity," "harmful material," and "obscenity," and establishes that defendants can be held liable if they engage in obscenity or knowingly benefit from an entity that does so. Commercial entities can be held responsible for distributing harmful material to minors, and majority shareholders or members can be jointly liable if they use their entity to engage in obscenity for personal benefit. The bill provides for various types of damages, including actual damages, court costs, attorney's fees, and potential exemplary damages. Importantly, the bill includes provisions that prevent certain legal defenses, such as claiming ignorance of the law or relying on overturned court decisions. The legislation is designed to be broadly applied to protect individuals from obscenity, with specific exemptions for news-gathering organizations and certain internet service providers. The bill will take effect on September 1, 2025, and applies only to causes of action that accrue on or after that date. Additionally, the bill includes extensive severability provisions to ensure that if any part of the law is found unconstitutional, the remaining provisions will remain in force.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1375