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) of the Penal Code goes, for conduct on or after September 1, 2025.
The bill repeals Section 43.24(c) of the Penal Code, which is the affirmative defense to prosecution for the offense of selling, distributing, or displaying harmful material to a minor. It touches anyone who could have relied on that defense in a prosecution under that section. Starting September 1, 2025, that defense is no longer available for conduct occurring on or after that date.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 869 (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 869 (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 Feb 25, 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) of the Penal Code goes, for conduct on or after September 1, 2025.
The bill repeals Section 43.24(c) of the Penal Code, which is the affirmative defense to prosecution for the offense of selling, distributing, or displaying harmful material to a minor. It touches anyone who could have relied on that defense in a prosecution under that section. Starting September 1, 2025, that defense is no longer available for conduct occurring on or after that date.
The bill removes a legal defense in prosecutions over distributing or displaying harmful material to minors, which widens who can be prosecuted for distributing that material.
Last action, Mar 1, 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 Feb 25, 2025
03/21/2025 H Referred to State Affairs: Mar 21 2025 9:52AM
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
Subjects
Crimes--Against Persons--Sexual
Criminal Procedure--General
Minors--Crimes Against
Text
The text as introduced · 151 words
89R10256 JCG-D
By: Hefner
H.B. No. 3327
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.