The 89th Legislature ends on June 2, and several bills missed key deadlines this week.
While it’s not impossible for a dead bill to be revived, the clock is winding down.
With less than three weeks to go, here's a look at where some noteworthy, arts-related legislation stands at the statehouse.
Obscenity in libraries
The House passed a bill that would ban public libraries from containing “sexually explicit” material that a minor could access either in person or online.
Opponents argue the language of the bill is vague and overly broad.
Some feel that banning material “that describes, depicts, or portrays sexual conduct” could target books featuring LGBTQ characters, or even some books about anatomy and reproduction. For example, were the bill to become law, librarians have asked if they would be at risk for providing a pregnant teenager with a book on reproduction.
The bill makes an exception for religious texts.
Enforcement is a concern for some small libraries that don’t have space to easily close off the general section from the children’s section without making the libraries adults-only.
Several supporters submitted the following comment to the House, “I am in favor of this bill as children do not need access to sexually explicit content.”
A Senate committee will host a hearing on the bill on Thursday, May 15.
Drag story hour
In a reprise from the last legislative session, the Senate passed a bill that would strip funding from public libraries that host drag story hours.
Libraries that host events with drag queens or kings where their outfits are “a primary component of the entertainment” would lose funding for the following fiscal year.
The measure has not been voted on by the House yet.
Book stores
Similar to the bill regarding public libraries, this measure expands the civil liability to booksellers and other businesses that allow minors to access “harmful materials,” including child pornography.
If passed, individuals and businesses could still be liable for damages even if they were acquitted or had not been prosecuted for an obscenity-related offense.
The bill carves out exceptions for news organizations, internet service providers, search engines and cloud services.
Public comments show some support for the bill, with proponents calling it another way to protect children. Opponents pointed out that it is already illegal to provide harmful materials to children and that the legislation could set up small businesses and book stores for frivolous litigation.
Film, TV and video game production
Matthew McConaughey, Woody Harrelson and Taylor Sheridan have each testified in Austin, lobbying for more money for the state’s film incentive program.
The Senate passed a bill that boosted funding for the program to $500 million every two years until 2035. The figure is more than double the $200 million doled out during the last budget cycle.
Some lawmakers are excited for more Texas stories to be filmed in the state, but others question whether this is the best use of public funds and expressed concerns about the content that would be eligible.
The House has yet to take up the proposal.
Tickets for sporting events and live performances
A bill that would remove restrictions on the resale ticket market did not successfully make it out of committee. That means, barring some extraordinary action from lawmakers, the proposal is considered dead.
The legislation would have prohibited price caps on resale tickets and required sellers to list the full price of the ticket, including fees but excluding taxes, upfront.
Representatives from ticket resale sites praised the bill in Austin, but venue operators testified in opposition. They warned it would increase the amount of times tickets change hands and drive up prices for fans without benefiting the artists.
Museums
A proposal to fine museums up to $500,000 per day per item deemed “obscene” did not make its way out of the House’s State Affairs Committee.
The bill was filed by Rep. David Lowe, R-North Richland Hills, in response to allegations that photos on display at the Modern Art Museum of Fort Worth constituted child pornography.
Fort Worth police opened an investigation and took the unusual step of seizing the art from the museum. Their findings were sent to a Tarrant County grand jury, which declined to take action on the case.
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