Monitoring the SessionHB 1012
Died in committee
THE CAPTION
“relating to the prosecution of the criminal offense of sale,”…
Caption, introduced version (I)
The caption says only that the bill relates to prosecuting the existing offense. The rewritten definition no longer judges material as a whole and no longer requires it to be utterly without value, so it reaches works whose overall theme is not prurient and works with some value for minors.
DragnetInitial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
Caption from analyzed text · version I.
Drops the dominant-theme test and the word utterly. Works with some value for minors can now qualify.
The bill rewrites the Penal Code definition of "harmful material" used in the offense of selling, distributing, or displaying such material to a minor. It drops the rule that the material be judged by its dominant theme taken as a whole, and it drops the word "utterly" from the no-redeeming-value test. Starting September 1, 2025, a book, image, or other item can qualify as harmful material based on its parts, even if it has some value for minors, which exposes more sellers, distributors, and displayers to the offense.
Labels: ZOMBIE BILL. Died 2 times: 88R HB 5035 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 5035 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House State Affairs committee. No public hearing. The bill died.
89R-HB1012 · 2024-11-12
+ 7 coauthors
relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
Drops the dominant-theme test and the word utterly. Works with some value for minors can now qualify.
The bill rewrites the Penal Code definition of "harmful material" used in the offense of selling, distributing, or displaying such material to a minor. It drops the rule that the material be judged by its dominant theme taken as a whole, and it drops the word "utterly" from the no-redeeming-value test. Starting September 1, 2025, a book, image, or other item can qualify as harmful material based on its parts, even if it has some value for minors, which exposes more sellers, distributors, and displayers to the offense.
[x] DRAGNETanalysis confidence 45%
THE CAPTION
“relating to the prosecution of the criminal offense of sale,”…
Caption, introduced version (I)
The caption says only that the bill relates to prosecuting the existing offense. The rewritten definition no longer judges material as a whole and no longer requires it to be utterly without value, so it reaches works whose overall theme is not prurient and works with some value for minors.
No fiscal note in the loaded record.
The bill widens which books, images, and other material can trigger an offense when sold, distributed, or displayed to minors, which changes what can lawfully be offered to young readers.
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CAMPAIGN PAID FOR BY
Not tied to this bill.
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Jul 1, 2024 to Mar 25, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
$32,500.00
Also funds 124 other sitting lawmakers.
Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamDerived itemized flow · Jul 10, 2024 to Jun 27, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101005773, 101012329.
Missing data does not establish zero giving. Display amounts are rounded.
$32,500.00
Also funds 124 other sitting lawmakers.
Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamDerived itemized flow · Jul 10, 2024 to Jun 27, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101005773, 101012329.
No floor vote loaded for this bill.
No fiscal note in the loaded record.
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Filed 2 times: 88R and 89R. Checked against 88R only.
by Rep. Toth, same lead author · Died in committee · same text
Introduced textLast action, Mar 23, 2023: Referred to State Affairs
Relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
Caption, 88R bill history
Texas House · Filed Nov 12, 2024
03/07/2025 H Referred to State Affairs: Mar 7 2025 2:33PM
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · State Affairs · Final status: Died in committee
SB 88 by Hall (very similar)
Crimes--Against Persons--Sexual
Minors--Crimes Against
The text as introduced · 212 words
By: Toth H.B. No. 1012 A BILL TO BE ENTITLED AN ACT 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 read as follows: (2) "Harmful material" means material that [ whose dominant theme taken as a whole ]: (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is [ utterly ] without redeeming social value for minors. 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 before that date. SECTION 3. This Act takes effect September 1, 2025.
