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TX HB1375
Bill
Status
11/18/2024
Primary Sponsor
Nate Schatzline
Click for details
AI Summary
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Creates civil liability for individuals who engage in obscenity or knowingly benefit from participating in an entity that engages in obscenity, allowing harmed persons to sue for damages
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Holds commercial entities liable for distributing, transmitting, or displaying harmful material to minors if they knowingly benefit from such distribution in ways readily accessible to minors or involving minors' images, voice, or participation
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Imposes joint and several liability on majority shareholders or members of business entities if they caused the entity to be used for obscenity for their direct personal benefit, piercing traditional corporate liability protections
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Prevailing claimants can recover actual damages (including mental anguish without proving other injury), court costs, reasonable attorney's fees, and exemplary damages; prevailing defendants may also recover fees and costs
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Prohibits defenses based on lack of criminal prosecution/conviction, ignorance of law, belief the law is unconstitutional, or reliance on overruled or non-binding court decisions
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Exempts news-gathering organizations, internet service providers, search engines, and cloud service providers not responsible for creating the obscene or harmful content
Legislative Description
Relating to civil liability for obscenity.
Business & Commerce
Last Action
Placed on General State Calendar
5/15/2025