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Texas creates civil liability and damages for obscenity and harmful material distribution

Original title: Relating to civil liability for obscenity.

Last action · May 15, 2025: Placed on General State CalendarSponsor: Schatzline

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Texas establishes a civil cause of action allowing injured persons to sue individuals and commercial entities for damages arising from obscenity or the distribution of to minors, effective September 1, 2025. Prevailing claimants may recover actual damages, including mental anguish, court costs, and attorney's fees. News-gathering organizations and internet service providers acting solely as conduits are exempt.

Why it matters

Creates new financial and legal exposure for businesses and individuals distributing obscene or harmful content where minors can access it, while enabling civil lawsuits for mental anguish and monetary recovery.

Background
  • House Bill 1375 is a piece of Texas legislation filed for the 89th legislative session relating to civil liability for obscenity. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Commercial entities

Commercial entities face civil liability and damages if they distribute, transmit, or display harmful material to minors in a manner readily accessible to minors.

Directly affected

Majority shareholders and members

Majority shareholders or members are jointly and severally liable with their corporate entity if they cause the entity to engage in obscenity for direct personal benefit.

Directly affected

News-gathering organizations

Bona fide news and public interest organizations and their employees are explicitly exempted from liability under this chapter.

Directly affected

Internet service providers

Internet service providers, search engines, and cloud service providers are protected from liability solely for providing access or connection to content they did not create.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who can be sued under this new chapter?
A defendant who engages in obscenity, or knowingly or intentionally benefits from participating in an entity that engages in obscenity or distributes to minors.
What damages can a prevailing claimant recover?
A prevailing claimant is awarded actual damages (including mental anguish even without other injury), court costs, and reasonable attorney's fees, and may also recover .
Are news organizations and internet service providers held liable?
No. Bona fide news-gathering organizations and internet service providers or search engines that merely provide access or connection without creating the content are exempt.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · on the House floor.

Procedural history

15 actions
  1. May 15, 2025House
    Placed on General State Calendar
  2. May 13, 2025House
    Considered in Calendars
  3. May 12, 2025House
    Committee report sent to Calendars
  4. May 12, 2025House
    Committee report distributed
  5. May 12, 2025House
    Comte report filed with Committee Coordinator
  6. May 8, 2025HouseCommittee
    Reported favorably as substituted
Show 9 earlier actions
  1. May 8, 2025House
    Committee substitute considered in committee
  2. May 8, 2025House
    Considered in formal meeting
  3. Apr 23, 2025House
    Left pending in committee
  4. Apr 23, 2025House
    Testimony taken/registration(s) recorded in committee
  5. Apr 23, 2025House
    Considered in public hearing
  6. Apr 23, 2025House
    Scheduled for public hearing on . . .
  7. Mar 11, 2025HouseCommittee
    Referred to Judiciary & Civil Jurisprudence
  8. Mar 11, 2025HouseIntroduced
    Read first time
  9. Nov 18, 2024HouseIntroduced
    Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

SchatzlineHouseAuthorNo profile match

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Creation of Private Civil Enforcement for Obscenity

The bill shifts enforcement mechanisms by establishing a private civil right of action with mandatory attorney's fees and mental anguish damages, operating independently of criminal prosecutions.

Connected Entities

Leavitt v. Jane L.
otherLeavitt v. Jane L.“United States Supreme Court case regarding severability of a state statute.”Map →

Sources

Open source document

capitol.texas.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy85
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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