88R9033 JCG-F
By: Toth H.B. No. 5035
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, 2023.