SB 412: Only Judges And Law Enforcement Keep A Harmful Material Defense

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 F.

Summary

Teachers, librarians, doctors and counselors lose the educational or similar purpose defense.

This bill removes the defense that let people off the hook for showing or giving harmful or obscene material to minors when it was for an educational, medical, psychological, judicial, law enforcement or legislative purpose. It replaces that defense with a narrower one that covers only judges and law enforcement officers doing their official jobs, for both the harmful-material offense and the sexual performance by a child offense. Starting September 1, 2025, teachers, librarians, doctors, counselors and others can no longer claim an educational or similar purpose as a defense to these offenses.

Labels

Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 437 (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-SB412 · 2024-11-21

SOLD BY

Sen. Mayes MiddletonRSenate 11

+ 6 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, doctors and counselors lose the educational or similar purpose defense.

This bill removes the defense that let people off the hook for showing or giving harmful or obscene material to minors when it was for an educational, medical, psychological, judicial, law enforcement or legislative purpose. It replaces that defense with a narrower one that covers only judges and law enforcement officers doing their official jobs, for both the harmful-material offense and the sexual performance by a child offense. Starting September 1, 2025, teachers, librarians, doctors, counselors and others can no longer claim an educational or similar purpose as a defense to these offenses.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · March 5, 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 21, 2024Received by the Secretary of the Senate
Nov 21, 2024Filed
Feb 3, 2025Read first time
Feb 3, 2025Referred to Criminal Justice
Mar 4, 2025Scheduled for public hearing on . . .
Mar 4, 2025Considered in public hearing
Mar 4, 2025Testimony taken in committee
Mar 4, 2025Vote taken in committee
Mar 6, 2025Reported favorably as substituted
Mar 6, 2025Committee report printed and distributed
Mar 11, 2025Co-author authorized
Mar 11, 2025Placed on intent calendar
Mar 12, 2025Co-author authorized
Mar 18, 2025Co-author authorized
Mar 18, 2025Rules suspended-Regular order of business
Mar 18, 2025Record vote
Mar 18, 2025Read 2nd time & passed to engrossment
Mar 18, 2025Record vote
Mar 18, 2025Statement(s) submitted
Mar 19, 2025Rules suspended-Regular order of business
Mar 19, 2025Record vote
Mar 19, 2025Read 3rd time
Mar 19, 2025Passed
Mar 19, 2025Record vote
Mar 19, 2025Reported engrossed
Mar 20, 2025Received from the Senate
Apr 9, 2025Read first time
Apr 9, 2025Referred to State Affairs
Apr 28, 2025Considered in public hearing
Apr 28, 2025Reported favorably w/o amendment(s)
Apr 29, 2025Comte report filed with Committee Coordinator
Apr 29, 2025Committee report distributed
Apr 29, 2025Committee report sent to Calendars
May 1, 2025Laid out in lieu of companion HB 267
May 1, 2025Read 2nd time
May 1, 2025Point of order withdrawn Rule 4, Section 32(c)(2)
May 1, 2025Point of order withdrawn Rule 8, Section 1(a)(1)
May 1, 2025Passed to 3rd reading
May 1, 2025Record vote RV#1155
May 1, 2025Statement(s) of vote recorded in Journal
May 2, 2025Read 3rd time
May 2, 2025Passed
May 2, 2025Record vote RV#1343
May 2, 2025Statement(s) of vote recorded in Journal
May 5, 2025House passage reported
May 5, 2025Reported enrolled
May 7, 2025Signed in the Senate
May 7, 2025Signed in the House
May 7, 2025Sent to the Governor
May 19, 2025Signed by the Governor
May 19, 2025Effective on 9/1/25

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

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

Bill text, enrolled version (F)

The bill widens who can face prosecution over distributing harmful material to minors by striking the educational, medical and similar purpose defense, leaving only judges and police protected.

SIGNED FOR BY

House · 92 yea · 39 nay

Senate · 22 yea · 9 nay

Sources

House: Final passage · May 2, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Mar 19, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Mayes Middleton

Donors

Texans for Lawsuit Reform PAC$1.14MRussell Gordy$300,000Kenneth Fisher$215,000

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 · Jul 6, 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$1,140,000.00

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash: $1,140,000.00
Paid by others: $0.00
Total: $1,140,000.00

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 · Dec 12, 2024 to Oct 21, 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: 101009502, 101012383, 101061137, 101072395, 101072779.

Russell Gordy$300,000.00

Kenneth Fisher$215,000.00

Money

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

×

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash: $1,140,000.00
Paid by others: $0.00
Total: $1,140,000.00

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 · Dec 12, 2024 to Oct 21, 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: 101009502, 101012383, 101061137, 101072395, 101072779.

Votes6

House May 2, 2025

Yea: 92
Nay: 39
Present, not voting: 2
Absent: 6
Excused: 11

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1343

SB 412 was passed by (Record 1343): 92 Yeas, 39 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 92 (published)
Nay: 39 (published)
Present, not voting: 2 (published)
Absent: 6 (derived from named list)
Excused: 11 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 1, 2025

Yea: 99
Nay: 31
Present, not voting: 1
Absent: 2
Excused: 17

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1155

SB 412 was passed to third reading by (Record 1155): 99 Yeas, 31 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 99 (published)
Nay: 31 (published)
Present, not voting: 1 (published)
Absent: 2 (derived from named list)
Excused: 17 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Mar 19, 2025

Yea: 22
Nay: 9
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 22, Nays 9. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 22 (published)
Nay: 9 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 19, 2025

Yea: 22
Nay: 9
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 412 at this time on its third reading and final passage: CSSB 412, Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children. The motion prevailed by the following vote: Yeas 22, Nays 9.

Published stock of positions for this vote, except where marked derived.

Yea: 22 (published)
Nay: 9 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 18, 2025

Yea: 21
Nay: 9
Present, not voting: Not printed
Absent: 0
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read second time and was passed to engrossment by the following vote: Yeas 21, Nays 9. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 21 (published)
Nay: 9 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Mar 18, 2025

Yea: 21
Nay: 9
Present, not voting: Not printed
Absent: 0
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Middleton moved to suspend the regular order of business to take up for consideration CSSB 412 at this time on its second reading: CSSB 412, Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children. The motion prevailed by the following vote: Yeas 21, Nays 9.

Published stock of positions for this vote, except where marked derived.

Yea: 21 (published)
Nay: 9 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses33

For: 20
Against: 9
On: 4

Names

For

Combined Law Enforcement Associations of Texas (CLEAT)1 registration
Houston Police Department1 registration
San Antonio Police Department1 registration
Self4 registrations
Self; Citizens Defending Freedom1 registration
Self; Grassroots America We The People1 registration
Self; Hoston Police Officers’ Union1 registration
Self; Protecting Texas Children1 registration
Self; Purple for Parents United1 registration
Self; Republican Party of Texas1 registration
Self; Sheriffs Association of Texas1 registration
Self; Texad Family Project1 registration
Self; Texas Eagle Forum1 registration
Texas Public Policy Foundation1 registration
Texas Values1 registration
The Texas Catholic Conference of Bishops1 registration
TMPA1 registration

Against

ACLU of Texas1 registration
ATPE1 registration
Human Rights Campaign1 registration
Self1 registration
Self; Texas AFT1 registration
Texas Classroom Teachers Association1 registration
Texas Library Association1 registration
Texas PTA1 registration
Texas State Teachers Association1 registration

On

Office of the Attorney General2 registrations
Self; We the people lake travis1 registration
Texas Department of Public Safety1 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.

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

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version S · source

Sources

Fiscal note · version S · March 5, 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 F 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 SB 437

by Sen. Middleton, same lead author · Died in committee · same text

Introduced text

Last action, Feb 15, 2023: Referred to Criminal Justice

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 Senate · Filed Nov 21, 2024

05/19/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

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

Coauthors

Paul BettencourtRSenate 7

Brandon CreightonRSenate 4

Pete FloresRSenate 24

Brent HagenbuchRSenate 30

Bob HallRSenate 2

Tan ParkerRSenate 12

Companion

HB 267 by Patterson (identical)

HB 947 by Toth (very similar)

HB 1434 by Hickland (very similar)

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: Middleton
S.B. No. 412

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.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Texans for Lawsuit Reform PAC

Texans for Lawsuit Reform PAC

House May 2, 2025

House May 1, 2025

Senate Mar 19, 2025

Senate Mar 19, 2025

Senate Mar 18, 2025

Senate Mar 18, 2025

For

Against

On

88R SB 437

Companion