Monitoring the SessionSB 358
Died in committee
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
relating to the prosecution of the criminal offense of indecency with a child.
Caption from analyzed text · version I.
Struck from an affirmative defense to indecency with a child.
This bill deletes the words "and of the opposite sex" from an existing affirmative defense to the offense of indecency with a child. It touches young people charged under that section who are no more than three years older than the other person, used no force or threat, and are not already registered sex offenders for this offense, so the defense now applies regardless of whether the two people are the same sex or opposite sexes. The change applies to new cases and to cases pending on September 1, 2025, and it leaves existing final convictions alone.
Labels: ZOMBIE BILL. Died 2 times: 88R SB 228 (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 SB 228 (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 13, 2024 and referred to the Senate Criminal Justice committee. No public hearing. The bill died.
89R-SB358 · 2024-11-13
relating to the prosecution of the criminal offense of indecency with a child.
Struck from an affirmative defense to indecency with a child.
This bill deletes the words "and of the opposite sex" from an existing affirmative defense to the offense of indecency with a child. It touches young people charged under that section who are no more than three years older than the other person, used no force or threat, and are not already registered sex offenders for this offense, so the defense now applies regardless of whether the two people are the same sex or opposite sexes. The change applies to new cases and to cases pending on September 1, 2025, and it leaves existing final convictions alone.
[ ] NONE FOUND
No fiscal note in the loaded record.
No verified beat found.
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The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Jul 1, 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.
Missing data does not establish zero giving. Display amounts are rounded.
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 Sen. Eckhardt, same lead author · Died in committee · same text
Introduced textLast action, Feb 15, 2023: Referred to Criminal Justice
Relating to the prosecution of the criminal offense of indecency with a child.
Caption, 88R bill history
Texas Senate · Filed Nov 13, 2024
02/03/2025 S Referred to Criminal Justice
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · Criminal Justice · Final status: Died in committee
HB 1271 by González, Mary (identical)
Crimes--Against Persons--Sexual
Minors--Crimes Against
The text as introduced · 235 words
89R974 RDR-D By: Eckhardt, Gutierrez, Menéndez S.B. No. 358 A BILL TO BE ENTITLED AN ACT relating to the prosecution of the criminal offense of indecency with a child. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.11(b), Penal Code, is amended to read as follows: (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim [ and of the opposite sex ]; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 , Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section. SECTION 2. The change in law made by this Act applies to an offense committed on or after the effective date of this Act and to any criminal action pending on the effective date of this Act for an offense committed before that effective date. A final conviction for an offense under Section 21.11, Penal Code, that exists on the effective date of this Act is unaffected by this Act. SECTION 3. This Act takes effect September 1, 2025.
