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Bill

SB 2399

Relating to restrictions on the sale of obscene devices; providing a civil penalty.

89th Legislature (2025) Introduced by Adam Hinojosa and 2 co-sponsors

Texas bill establishes civil penalties for selling devices classified as obscene, restricting adult product retailers' sales while raising free speech enforcement questions.

Co-author authorized
#business&commerce--general(i0050) #citygovernment--general(i0060) #civilremedies&liabilities(i0065) #countygovernment--general(i0096) #minors--health&safety(i0533) #occupationalregulation--othertrades&professions(i0541) #sexuallyorientedbusinesses(s2194)
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Bill Summary · SB 2399

Legislative bill overview

SB 2399 proposes to restrict the sale of devices classified as "obscene" under Texas law and establishes civil penalties for violations. The bill was filed in March 2025 and is currently under review by the Criminal Justice Committee. This appears to be a regulatory measure targeting adult merchandise sales.

Why is this important

The bill directly affects retailers, online sellers, and manufacturers of adult products in Texas, potentially restricting their ability to legally sell certain items. It also raises questions about how Texas defines and enforces obscenity standards, which vary significantly by community and have been subject to ongoing legal challenges nationwide.

Potential points of contention

  • First Amendment concerns: Courts have historically struck down broad obscenity restrictions as potential violations of free speech rights; the bill's specific definitions and scope will determine its legal viability
  • Enforcement and implementation: Determining what qualifies as "obscene" is subjective; enforcement could disproportionately affect small retailers versus large corporations with legal resources
  • Economic impact: Businesses currently operating legally could face financial penalties, inventory seizure, or operational restrictions if definitions change retroactively

Compiled from official sources — confirm details with the bill’s official record.

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