A new bill filed in the Texas House would impose steep financial penalties on museums that display obscene materials, particularly those involving minors. House Bill 3958, introduced by Rep. David Lowe (R-North Richland Hills), seeks to amend Chapter 402 of the Texas Government Code, allowing fines of up to $500,000 per item per day for materials found in violation of certain sections of the Texas Penal Code.
If passed, the legislation would take effect on September 1, 2025.
The bill specifically targets materials considered obscene under Chapter 43 of the Texas Penal Code, which governs public indecency laws. "Obscene" is defined as material that, judged by contemporary community standards, appeals to prurient interest in sex and depicts sexual acts in an overtly offensive way. The bill clarifies that it would only punish the display of legally obscene materials — a legal term with a specific definition under state law.
In cases where the material involves minors or the image of a minor, the penalty would escalate from a misdemeanor to a felony offense, significantly increasing the stakes for institutions that exhibit controversial works.
The Office of the Attorney General would have the authority under HB 3958 to seek injunctive relief, meaning they could pursue legal action to have offending materials removed from public display indefinitely.
Background: Modern Art Museum Controversy
The legislation was sparked by an incident earlier this year at the Modern Art Museum of Fort Worth. In November 2024, the museum opened an exhibition titled Diaries of Home, which included photographs by Sally Mann featuring her young children in the nude. Museum officials described the exhibit as a celebration of "family, community, and home" through the perspectives of women and nonbinary artists.
However, some local officials viewed parts of the exhibit as crossing a legal line. Tarrant County Judge Tim O’Hare and others alleged that certain photographs, including images of Mann's nude children, constituted child pornography. One particularly controversial image showed Mann’s daughter naked, leaping onto a picnic table. Another depicted her son with a popsicle melting over his groin and legs.
Although Fort Worth police eventually confiscated the photographs in January 2025, a Tarrant County grand jury later declined to indict the museum or the artist, determining that criminal charges were not warranted.
Still, the controversy underscored the tension between artistic freedom and child protection — a balance Rep. Lowe says must err on the side of safeguarding minors.
“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 to the Fort Worth Report.
“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.”
Next Steps
HB 3958 was filed on March 6 and referred to the State Affairs Committee on March 27, where it awaits a hearing. If the bill advances, it could significantly impact how museums across Texas approach the curation of exhibits that involve nudity or other sensitive subjects, especially when minors are depicted.
Critics of similar measures have often raised concerns about censorship and the potential chilling effect on artistic expression. Supporters, meanwhile, argue that clear legal standards must be enforced to prevent any possibility of exploitation.
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