Monitoring the SessionSB 88
Died in committee
THE CAPTION
“relating to the prosecution of the criminal offense of sale,”…
Caption, introduced version (I)
The bill deletes the requirement that the work be judged by its dominant theme taken as a whole, so a single passage or image in an otherwise ordinary work could bring it under the offense. The caption reads as a change to how the offense is prosecuted and does not say the definition is being widened.
DragnetInitial 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 sale, distribution, or display of harmful material to a minor.
Caption from analyzed text · version I.
Drops the whole-work test. Libraries and stores could be prosecuted over part of a work.
The bill rewrites the state's definition of "harmful material" used in the offense of selling, distributing, or displaying such material to a minor. It drops the rule that the material's "dominant theme taken as a whole" must meet the test, and it changes "utterly without redeeming social value" to just "without redeeming social value." Sellers, libraries, stores, and anyone else who distributes or displays material could be prosecuted based on part of a work rather than the whole work, starting September 1, 2025.
Labels: ZOMBIE BILL. Died 2 times: 88R SB 828 (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 828 (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 12, 2024 and referred to the Senate Criminal Justice committee. No public hearing. The bill died.
89R-SB88 · 2024-11-12
+ 1 coauthor
relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
Drops the whole-work test. Libraries and stores could be prosecuted over part of a work.
The bill rewrites the state's definition of "harmful material" used in the offense of selling, distributing, or displaying such material to a minor. It drops the rule that the material's "dominant theme taken as a whole" must meet the test, and it changes "utterly without redeeming social value" to just "without redeeming social value." Sellers, libraries, stores, and anyone else who distributes or displays material could be prosecuted based on part of a work rather than the whole work, starting September 1, 2025.
[x] DRAGNETanalysis confidence 50%
THE CAPTION
“relating to the prosecution of the criminal offense of sale,”…
Caption, introduced version (I)
The bill deletes the requirement that the work be judged by its dominant theme taken as a whole, so a single passage or image in an otherwise ordinary work could bring it under the offense. The caption reads as a change to how the offense is prosecuted and does not say the definition is being widened.
No fiscal note in the loaded record.
The bill widens which books, media, and other material count as illegal to sell, distribute, or display to minors by judging parts of a work instead of the whole.
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CAMPAIGN PAID FOR BY
Not tied to this bill.
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 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.
$135,000.00
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.
TeamDerived itemized flow · Sep 12, 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.
Report IDs: 100987789, 101010195, 101040645, 101069307, 101073278.
$116,000.00
Also funds 30 other sitting lawmakers.
Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamDerived itemized flow · Jun 27, 2025 to Oct 5, 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: 101010195, 101033131, 101073278.
$100,000.00
Also funds 0 other sitting lawmakers.
Derived recipient stock · Sep 29, 2026 to Oct 5, 2026. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
Derived itemized flow · Sep 29, 2026 to Oct 5, 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: 101073278.
Missing data does not establish zero giving. Display amounts are rounded.
$135,000.00
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.
TeamDerived itemized flow · Sep 12, 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.
Report IDs: 100987789, 101010195, 101040645, 101069307, 101073278.
$116,000.00
Also funds 30 other sitting lawmakers.
Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamDerived itemized flow · Jun 27, 2025 to Oct 5, 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: 101010195, 101033131, 101073278.
$100,000.00
Also funds 0 other sitting lawmakers.
Derived recipient stock · Sep 29, 2026 to Oct 5, 2026. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
Derived itemized flow · Sep 29, 2026 to Oct 5, 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: 101073278.
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. Hall, same lead author · Died in committee · same text
Introduced textLast action, Mar 1, 2023: Referred to Criminal Justice
Relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
Caption, 88R bill history
Texas Senate · Filed Nov 12, 2024
02/03/2025 S Referred to Criminal Justice
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
Senate committee · Criminal Justice · Final status: Died in committee
HB 1012 by Toth (very similar)
Business & Commerce--General
Electronic Information Systems
Minors--Crimes Against
Minors--Health & Safety
The text as introduced · 214 words
89R2401 JCG-F By: Hall S.B. No. 88 A BILL TO BE ENTITLED AN ACT relating to the prosecution of 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(a)(2), Penal Code, is amended to read as follows: (2) "Harmful material" means material that [ whose dominant theme taken as a whole ]: (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is [ utterly ] without redeeming social value for minors. 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.
