Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to repealing the affirmative defense to prosecution for
the criminal offense of sale, distribution, or display of harmful
material to a minor.
Section 43.24(c) goes. Conduct before September 1, 2025 keeps the old law.
The bill repeals one subsection of the Penal Code, Section 43.24(c), which the caption describes as the affirmative defense to prosecution for selling, distributing, or displaying harmful material to a minor. It touches anyone who sells, distributes, or displays such material and could previously have raised that defense. Starting September 1, 2025, that defense is no longer available for conduct on or after that date, while earlier conduct stays under the old law.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 571 (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 571 (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.QUICK READ: 150 WORDS. The bill as filed runs 150 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).NEVER GOT A HEARING. Filed Jan 8, 2025 and referred to the House State Affairs committee. No public hearing. The bill died.
relating to repealing the affirmative defense to prosecution for
the criminal offense of sale, distribution, or display of harmful
material to a minor.
WHAT IT DOES
Section 43.24(c) goes. Conduct before September 1, 2025 keeps the old law.
The bill repeals one subsection of the Penal Code, Section 43.24(c), which the caption describes as the affirmative defense to prosecution for selling, distributing, or displaying harmful material to a minor. It touches anyone who sells, distributes, or displays such material and could previously have raised that defense. Starting September 1, 2025, that defense is no longer available for conduct on or after that date, while earlier conduct stays under the old law.
The bill removes a legal defense for people prosecuted over distributing or displaying harmful material to minors, which widens who can be held liable for what they distribute or display.
Last action, Feb 23, 2023: Referred to State Affairs
Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.
Caption, 88R bill history
Sources
Texas House · Filed Jan 8, 2025
03/14/2025 H Referred to State Affairs: Mar 14 2025 2:36PM
House committee · State Affairs · Final status: Died in committee
Subjects
Minors--Crimes Against
Text
The text as introduced · 150 words
By: Leo Wilson
H.B. No. 1774
A BILL TO BE ENTITLED
AN ACT
relating to repealing the affirmative defense to prosecution for
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(c), Penal Code, is repealed.
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.