Monitoring the Session

HB 3327

Hefner Bill Repeals An Affirmative Defense In Harmful Material Cases

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Cole HefnerRHouse 5

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.

Caption from analyzed text · version I.

Summary

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.

Receipt

The receipt

89R-HB3327 · 2025-02-25

SOLD BY

ITEM

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.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to State Affairs
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“Section 43.24(c), Penal Code, is repealed.”

Bill text, introduced version (I)

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.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

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 24, 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$107,878.12

Texans for Lawsuit Reform PAC

$107,878.12

Cash
$65,000.00
Paid by others
$42,878.12
Total
$107,878.12
mail $42,794.79fundraiser $83.33

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 23, 2025 to Oct 17, 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: 100986158, 101009093, 101035205, 101069686.

Dustin Burrows Campaign$46,150.00

Dustin Burrows Campaign

$46,150.00

Cash
$25,000.00
Paid by others
$21,150.00
Total
$46,150.00
polling $21,150.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · Sep 30, 2025 to Jan 6, 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: 101009093, 101031796.

Gulf States Toyota Inc. State PAC$20,000.00

Gulf States Toyota Inc. State PAC

$20,000.00

Cash
$20,000.00
Paid by others
$0.00
Total
$20,000.00

Also funds 90 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 16, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 23, 2025 to Oct 12, 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: 100986158, 101009093, 101035205, 101069686.

Money

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

×

Texans for Lawsuit Reform PAC

$107,878.12

Cash
$65,000.00
Paid by others
$42,878.12
Total
$107,878.12
mail $42,794.79fundraiser $83.33

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 23, 2025 to Oct 17, 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: 100986158, 101009093, 101035205, 101069686.

×

Dustin Burrows Campaign

$46,150.00

Cash
$25,000.00
Paid by others
$21,150.00
Total
$46,150.00
polling $21,150.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team
Sources

Derived itemized flow · Sep 30, 2025 to Jan 6, 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: 101009093, 101031796.

×

Gulf States Toyota Inc. State PAC

$20,000.00

Cash
$20,000.00
Paid by others
$0.00
Total
$20,000.00

Also funds 90 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 16, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 23, 2025 to Oct 12, 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: 100986158, 101009093, 101035205, 101069686.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

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

88R HB 869

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

Introduced text

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

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

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.