A Texas lawmaker has proposed a bill that could be used to keep certain kinds of art off view, the Fort Worth Report reports.
On March 6, representative David Lowe filed House Bill 3958, which outlines a proposed civil penalty against any museum showing “certain obscene or harmful material.” The Texas Penal Code defines “obscene” as any kind of performance or material that depicts sexual acts without literary, artistic, political, or scientific value.
If passed, Lowe’s bill would ensure that museums could be fined up to $500,000 per item and day that an “obscene” display remains on view. Additionally, those found in violation of the law could also be forced to pay injunctive relief and attorney’s fees, as well as costs related to investigations and litigation.
The bill is currently under review with the Committee on State Affairs. If it is reviewed favorably, the bill will be further debated and voted on by the full House. If it is passed and signed into law by Texas Governor Greg Abbott, the bill will take effect on September 1.
Lowe has explicitly mentioned a recent investigation into photographs by Sally Mann as an inspiration for his bill. The photographs were taken off view after Texas politicians denounced them, with some labeling them “child porn” because the pictures feature nude children. Mann’s photographs do not contain any sexual content, however, and the charges against the artist and museum were ultimately dropped.
“The bill was introduced because the protection of children is paramount and I am committed to doing everything within my power to safeguard them,” Lowe said in a statement. “The situation involving actual nude photos of minors, not mere artistic depictions, displayed at the Modern Art Museum of Fort Worth spurred me into action. We must dedicate ourselves to protecting children from any institution that might seek to harm or exploit them under the pretense of art.”
