HB 267

Patterson Bill Ends The Educational Purpose Defense For Harmful Material

Companion SB 412 became law

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

Caption from analyzed text · version H.

Summary

Teachers, librarians and medical workers lose it. Judicial and law enforcement officers keep a narrower one.

The bill removes the old legal defense that let people off the hook for showing harmful material to minors, or for conduct involving a child's sexual performance, when they claimed an educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose. It touches teachers, schools, librarians, medical and mental health workers, and anyone else who relied on that purpose-based defense, while keeping a narrower defense only for judicial and law enforcement officers doing their official duties. Starting September 1, 2025, a claimed educational or medical purpose no longer works as a defense to these offenses.

Labels

Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 976 (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.

Receipt

The receipt

89R-HB267 · 2024-11-12

SOLD BY

Rep. Jared PattersonRHouse 106

Rep. Hillary HicklandRHouse 55

Rep. Will MetcalfRHouse 16

+ 2 more authors, 11 coauthors

ITEM

relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

WHAT IT DOES

Teachers, librarians and medical workers lose it. Judicial and law enforcement officers keep a narrower one.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · March 26, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Nov 12, 2024Filed
Feb 27, 2025Read first time
Feb 27, 2025Referred to State Affairs
Mar 19, 2025Scheduled for public hearing on . . .
Mar 19, 2025Considered in public hearing
Mar 19, 2025Committee substitute considered in committee
Mar 19, 2025Testimony taken/registration(s) recorded in committee
Mar 19, 2025Left pending in committee
Mar 26, 2025Considered in public hearing
Mar 26, 2025Committee substitute considered in committee
Mar 26, 2025Reported favorably as substituted
Apr 9, 2025Comte report filed with Committee Coordinator
Apr 9, 2025Committee report distributed
Apr 10, 2025Committee report sent to Calendars
Apr 24, 2025Considered in Calendars
Apr 28, 2025Placed on General State Calendar
Apr 28, 2025Read 2nd time
Apr 28, 2025Postponed 5/1/25 10:00 AM
May 1, 2025Companion considered in lieu of SB 412
May 1, 2025Laid on the table subject to call

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“Section 43.24(c), Penal Code, is repealed.”

Bill text, House committee report version (H)

Analysis prose withheld. Source quote shown.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Jared Patterson

Donors

Texans for Lawsuit Reform PAC$133K Texas Sands PAC$85K Texas Conservative Majority PAC$58K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 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.

Texans for Lawsuit Reform PAC$132,750.00

Texans for Lawsuit Reform PAC

$132,750.00

Cash: $100,000.00
Paid by others: $32,750.00
Total: $132,750.00

polling $32,750.00

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.

Team

Sources

Derived itemized flow · Jun 25, 2025 to Oct 7, 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.

Report IDs: 100996442, 101018590, 101035748, 101067950, 101072483.

Texas Sands PAC$84,800.00

Texas Sands PAC

$84,800.00

Cash: $68,000.00
Paid by others: $16,800.00
Total: $84,800.00

polling $16,800.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 4, 2024 to Oct 15, 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.

Report IDs: 100976997, 101018590, 101035748, 101072483.

Texas Conservative Majority PAC$57,950.00

Texas Conservative Majority PAC

$57,950.00

Cash: $0.00
Paid by others: $57,950.00
Total: $57,950.00

canvassing $35,000.00polling $22,950.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Feb 12, 2026 to Sep 22, 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.

Report IDs: 101035748, 101067950.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texans for Lawsuit Reform PAC

$132,750.00

Cash: $100,000.00
Paid by others: $32,750.00
Total: $132,750.00

polling $32,750.00

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.

Team

Sources

Derived itemized flow · Jun 25, 2025 to Oct 7, 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.

Report IDs: 100996442, 101018590, 101035748, 101067950, 101072483.

Texas Sands PAC

$84,800.00

Cash: $68,000.00
Paid by others: $16,800.00
Total: $84,800.00

polling $16,800.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 4, 2024 to Oct 15, 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.

Report IDs: 100976997, 101018590, 101035748, 101072483.

Texas Conservative Majority PAC

$57,950.00

Cash: $0.00
Paid by others: $57,950.00
Total: $57,950.00

canvassing $35,000.00polling $22,950.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Feb 12, 2026 to Sep 22, 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.

Report IDs: 101035748, 101067950.

Votes

No floor vote loaded for this bill.

Witnesses33

For: 26
Against: 7
On: 0

Names

For

Self11 registrations
Self; Citizens Defending Freedom1 registration
Self; Grassroots America We The People1 registration
Self; Houston Police Officers’ Union1 registration
Self; HPROA1 registration
Self; Protecting texas children1 registration
Self; Purple for Parents United1 registration
Self; SREC SD11 registration
Self; Tcrp gop chair1 registration
Self; Texas Eagle Forum1 registration
Self; Texas Education 9111 registration
Self; Texas Values Action1 registration
Self; True tx project1 registration
Texas Values1 registration
The Texas Catholic Conference of Bishops1 registration
TMPA1 registration

Against

ACLU of Texas1 registration
ATPE1 registration
Self2 registrations
Texas Classroom Teachers Association1 registration
Texas Psychological Association1 registration
Texas State Teachers Association1 registration

Sources

33 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · March 26, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 976

by Rep. Patterson, same lead author · Died in committee · same text

Introduced text

Last action, Mar 2, 2023: Referred to State Affairs

Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

05/01/2025 H Laid on the table subject to call

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors

Benjamin BumgarnerRHouse 63

Cody HarrisRHouse 8

Janis HoltRHouse 18

Carrie IsaacRHouse 73

Terri Leo WilsonRHouse 23

Penny Morales ShawDHouse 148

Mike OlcottRHouse 60

Dennis PaulRHouse 129

Joanne ShofnerRHouse 11

David SpillerRHouse 68

Terry M. WilsonRHouse 20

House committee · State Affairs · Committee vote 9 aye, 3 nay, 3 absent · Out of committee

Companion

SB 242 by Flores (similar)

SB 412 by Middleton (identical)

Subjects

Courts--Judges

Crimes--Against Persons--General

Crimes--Against Persons--Sexual

Criminal Procedure--General

Law Enforcement

Libraries & Librarians

Minors--Crimes Against

LIBRARY COLLECTION DEVELOPMENT & MATERIALS (SE35P)

Text

The text as introduced · 266 words

89R636 JCG-F

By: Patterson
H.B. No. 267

A BILL TO BE ENTITLED

AN ACT

relating to affirmative defenses to prosecution for certain

offenses involving material or conduct that is obscene or otherwise

harmful to children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 43.24(c), Penal Code, is amended to read

as follows:

(c) It is an affirmative defense to prosecution under this

section that the sale, distribution, or exhibition was by a person

having a bona fide judicial, law enforcement, or legislative

[ scientific, educational, governmental, or other similar ]

justification.

SECTION 2. Section 43.25(f), Penal Code, is amended to read

as follows:

(f) It is an affirmative defense to a prosecution under this

section that:

(1) the defendant was the spouse of the child at the

time of the offense;

(2) the conduct was for a bona fide [ educational,

medical, psychological, psychiatric, ] judicial, law enforcement,

or legislative purpose; or

(3) the defendant is not more than two years older than

the child.

SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2025.