Sex Toy Ban In Texas? New Bill Takes Aim At Walmart, Target Sales

A newly-elected Texas representative, Hillary Hickland, has filed a bill meant to crack down on what she calls “sexually-oriented businesses,” including sex shops and strip clubs. HB 1549 targets the sale of what she calls “obscene devices,” such as vibrators, in stores like Walmart, Target, and CVS.

Hickland, who began his term in November as a representative of Texas District 55, pre-filed the bill that would ban both the sale of sex toys and erotic businesses. The move is to impose more control over what Hickland considers explicit material found in public retail space.

Once passed into law, Bill HB 1549 will effectively bar certain items, especially sex toys, from being sold in what have traditionally been viewed as family-friendly stores. The law also seeks to control and close down enterprises handling erotic materials.

In the words of Hickland, the bill is meant to respond to the concern over the exposure of minors to sexually explicit items within retail stores. She clarified that the need to see children grow up in material-free environments was paramount to her.

Justification For The Ban By Hickland

Hickland argues that retail spaces like Walmart, Target, and CVS, which are normally considered family-friendly, should not be venues where sex toys and other sexually explicit items are sold. She said, “Children have a right to grow up without being exposed to explicit material that they cannot fully understand and that could harm their development.”

The proposed legislation would, therefore, impose restrictions on sales to ensure that such items are not accessible in stores selling everyday products like food and toiletries. According to Hickland, removing the sexually explicit items from those spaces will leave parents burdened less with the task of shielding their children from inappropriate exposure.

Legal Battles Over Sex Toy Sales In Texas

Hickland’s bill aims to revive part of the state’s 1973 law that outlawed the sale of sex toys, which was appealed and partly repealed over time. In 2003, the Texas Legislature changed the law to allow for the sale of sex toys but restricted Texans to possessing no more than six. However, the courts declared this restriction unconstitutional in 2008, bringing an end to the legal battle on the sale of sex toys in Texas.

HB 1549 would be enforced immediately if passed with a two-thirds majority vote. However, if the bill fails to garner the majority, violators would be fined up to $5,000 per violation once the law comes into effect on September 1, 2025.

Backlash Against The Proposal

Although Hickland’s bill has gained support from some factions, it has faced major criticism from political opponents and members of the public. Texas Senator Nathan Johnson called the proposal “a grotesque display of misplaced priorities,” stating that lawmakers have more pressing issues to deal with. He added, “I hope we get over this stuff real fast because the voters, including Republican primary voters, Democratic primary voters, every voter, really need us to perform our job.

Other critics, including newly-elected Republican District Attorney Sarah Stogner, have taken to social media to voice their disagreement with Hickland’s proposal. In a tweet responding to Hickland’s stance, Stogner wrote, “I see you’re still obsessed with dildos. Perhaps you should buy one and try it. Might make you less uptight.”

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