Texas only recently began to be able to sell sex toys, and now that may be at risk again.

The Texas obscenity statute is a statute prohibiting the sale of sex toys in Texas. The law was introduced in 1973 and was last updated in 2003. While the law was never formally repealed, in 2008 a U.S. District Judge released a report declaring it to be “facially unconstitutional and unenforceable.”

A newly proposed bill in Texas could drastically reshape the retail landscape for sexual wellness products. Incoming Republican state lawmaker Hillary Hickland has pre-filed House Bill (HB) 1549 for the 2025 legislative session, seeking to ban the sale of sex toys labeled “obscene devices” at major retailers such as Walmart, Target, CVS, and Walgreens. If enacted, the legislation would allow such items to be sold only at age-restricted venues classified as sexually oriented businesses (SOBs), such as adult stores or strip clubs.

The bill, part of Hickland’s conservative agenda, is presented as a measure to protect children from exposure to sexually explicit products in family-oriented settings.

“Parents do not consent to their children being exposed to obscene devices while shopping for toothpaste,” said Hickland in a statement. “House Bill 1549 provides common-sense protections for families by ensuring parents can shop with their children without encountering sexually explicit items that compromise their innocence.”

HB 1549 builds on Texas’ long-standing regulations governing the sale and ownership of sex toys. Under current state law, the sale of “obscene devices”—defined as items designed or marketed for the stimulation of genital organs—is legal only in licensed SOBs. It is also illegal for individuals to own six or more sex toys, a regulation that has been widely criticized but remains on the books.

The new bill would extend these restrictions to prohibit the sale or display of sex toys at general retailers. It also empowers local governments to pursue civil claims of up to $50,000 per violation against retailers found in non-compliance. If passed, the law would take effect immediately upon securing two-thirds support in the legislature or by September 1, 2025, if passed with a simple majority.

Hickland’s proposal aligns with a broader conservative movement in Texas targeting issues related to sexual content and the perceived “sexualization” of public spaces. From restrictions on drag performances to book bans in public schools, Republican lawmakers have sought to impose stricter regulations on sex, sexuality, and gender expression.

Hickland, a vocal school choice advocate and proponent of book bans, was elected in November 2024 with endorsements from prominent conservative figures, including President-elect Donald Trump, Governor Greg Abbott, and Attorney General Ken Paxton.

The bill’s introduction also follows a recent controversy sparked by Christin Bentley, a Texas Republican State Executive Committeewoman, who criticized a CVS store in Carthage for selling sex toys alongside condoms. Bentley’s comments gained traction among social conservatives, and she has since voiced her support for HB 1549.

Opponents of the bill argue that the legislation perpetuates outdated and unconstitutional restrictions on adult products while also infringing on consumer rights.

“Texas’ laws regarding sex toys have long been a source of ridicule and confusion,” said Joanne Webb, a former defendant in a 2004 case where she was arrested for selling a vibrator to undercover police officers. Webb was later acquitted, but her case highlighted the enforcement challenges surrounding such laws.

Legal scholars note that many of Texas’ existing restrictions on sex toys have been deemed unenforceable. In 2008, a federal judge ruled parts of the law unconstitutional, stating they violated personal privacy rights. However, these provisions remain officially codified and could be further reinforced if HB 1549 passes.

The sexual wellness industry has grown into a $10 billion annual market in the U.S., with mainstream retailers playing a significant role in normalizing the sale of vibrators and similar products. Retail analysts warn that the proposed legislation could disrupt this trend, pushing consumers toward adult stores or online retailers, where such products would remain accessible.

“If passed, HB 1549 could limit consumer access to essential wellness products while driving demand underground,” said a spokesperson for a national retail association.

HB 1549 will be debated during the upcoming 2025 Texas Legislative session, where it is expected to face opposition from civil liberties groups, consumer advocates, and potentially some business interests.

Should the bill pass, Texans may soon find themselves needing to visit SOBs for products that have become a staple of mainstream retail—raising new questions about the evolving intersection of morality, commerce, and personal freedom in the Lone Star State.

For now, the debate over HB 1549 continues to highlight the deep cultural and political divisions over the regulation of sexual content in public spaces. As Texas moves closer to its next legislative session, all eyes will be on whether this proposal garners the support needed to become law.