HB 1012

AN ACT relating to the prosecution of the criminal offense of sale,

House Bill Toth
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

Not available

What This Bill Does

Modifies Texas law regarding the criminal offense of selling, distributing, or displaying harmful material to minors by redefining what constitutes "harmful material" in the penal code. The definition now focuses on material that appeals to a minor's prurient interest, is patently offensive to community standards, and lacks social value. The changes will apply only to offenses committed on or after September 1, 2025, potentially impacting businesses, publishers, and digital content providers who could face criminal prosecution for distributing materials deemed inappropriate for minors.

Subject Areas

Bill Text

relating to the prosecution of the criminal offense of sale,
distribution, or display of harmful material to a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 43.24(a)(2), Penal Code, is amended to
(2)  "Harmful material" means material that [whose
dominant theme taken as a whole]:
(A)  appeals to the prurient interest of a minor,
(B)  is patently offensive to prevailing
standards in the adult community as a whole with respect to what is
(C)  is [utterly] without redeeming social value
SECTION 2.  The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose.  For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the prosecution of the criminal offense of sale,