By: Hughes S.B. No. 2101               A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of access by minors to sexually   explicit materials in municipal public library collections;   providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 10, Local Government Code, is   amended by adding Chapter 310 to read as follows:   CHAPTER 310. SEXUALLY EXPLICIT MATERIALS IN MUNICIPAL PUBLIC   LIBRARY COLLECTIONS          Sec. 310.001.  DEFINITIONS. In this chapter:                (1)  "Access" means the ability to check out, or to be   provided a copy of a particular material in a physical or   electronic format or in any other manner by library staff or   automated systems.                (2)  "Commission" means the Texas State Library and   Archives Commission.                (3)  "Minor" means an individual who is younger than 18   years of age.                (4)  "Municipal public library" means a library that   is:                      (A)  financed and operated by a municipality; and   (B)  open free of charge to all members of the   public under identical conditions.                (5)  "Sexually explicit material" means any    communication, language, or material, including a written    description, illustration, photographic image, video image, or   audio file, that describes, depicts, or portrays sexual conduct,   as defined by Section 43.25, Penal Code.                (6)  "Minor's section" means any section of a municipal   public library designated for children, teens, or young adults, or   labeled in a manner that indicates its primary audience includes   individuals younger than 18 years of age.                (7)  "Curate" means to select, organize, or place    materials within a specific section or collection of a municipal   public library.          Sec. 310.002.  ACCESS TO SEXUALLY EXPLICIT MATERIAL. (a) A   municipal public library may not maintain sexually explicit   material in a physical or electronic collection that a minor may   access.          (b)  A municipal public library that maintains sexually   explicit material in a physical or electronic collection shall   implement age verification measures to prevent minors from   accessing such materials.          (c)  A municipal public library may not curate, display, or   make available for checkout any sexually explicit material in any   minor's section of the library.          (d)  This section does not apply to religious materials.          Sec. 310.003.  REVIEW OF LIBRARY COLLECTIONS. (a)  The   commission shall establish guidelines for a municipal public   library to review its collections to determine whether the   collections curated in minor's sections contain sexually explicit   material.  The guidelines must require a municipal public library    to:                (1)  annually review its collections;                (2)  document the review process; and                (3)  adopt a process to review a specific material in   its collections upon petition from a member of the public and   determine if it contains sexually explicit material within ten days   of the petition.          (b)  A municipal public library that determines that the   library curates, displays, or makes available for checkout any   sexually explicit material in a minor's section in violation of   Section 310.002 shall, not later than the 45th day after the date   the library makes the determination, remove or relocate the   sexually explicit material in a manner that prevents access to the   material by a minor.          Sec. 310.004.  ENFORCEMENT; PENALTY; INJUNCTION.(a) The   commission may monitor and enforce compliance with this chapter.          (b)  If the commission determines that a municipal public   library has violated Section 310.002 and has not removed or   relocated sexually explicit material that is the subject of the   violation by the 45th day after the date the commission notifies   the library of the violation, the state or a political subdivision   may not provide funds to the municipal public library for the   fiscal year following the year in which the library is found to be   in violation of Section 310.002.          (c)  A municipal public library that violates Section 310.002   is liable to the state for a civil penalty of not more than $10,000   for each violation.          (d)  The attorney general may bring an action to:                (1)  recover the civil penalty imposed under this   section; or                (2)  obtain a temporary or permanent injunction to   restrain the violation.          (e)  An action under this section may be brought in a   district court in:                (1)  Travis County; or                (2)  a county in which any part of the violation occurs.          (f)  The attorney general shall deposit a civil penalty   collected under this section in the state treasury to the credit of   the general revenue fund.          (g)  The attorney general may recover reasonable expenses   incurred in bringing an action under this section, including court   costs, reasonable attorney's fees, investigative costs, witness   fees, and deposition expenses.          Sec. 310.005.  RULES. The commission may adopt rules   necessary to administer this chapter.          SECTION 2.  Not later than January 1, 2026, the Texas State   Library and Archives Commission shall adopt the guidelines for   municipal public library collection reviews as required under   Section 310.003, Local Government Code, as added by this Act.          SECTION 3.  Not later than January 1, 2027, each municipal   public library shall conduct the review required by Section   310.003, Local Government Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2025.