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1 | 1 | By: Toth H.B. No. 1012 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | A BILL TO BE ENTITLED | |
7 | 7 | AN ACT | |
8 | 8 | relating to the prosecution of the criminal offense of sale, | |
9 | 9 | distribution, or display of harmful material to a minor. | |
10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 11 | SECTION 1. Section 43.24(a)(2), Penal Code, is amended to | |
12 | 12 | read as follows: | |
13 | 13 | (2) "Harmful material" means material that [whose | |
14 | 14 | dominant theme taken as a whole]: | |
15 | 15 | (A) appeals to the prurient interest of a minor, | |
16 | 16 | in sex, nudity, or excretion; | |
17 | 17 | (B) is patently offensive to prevailing | |
18 | 18 | standards in the adult community as a whole with respect to what is | |
19 | 19 | suitable for minors; and | |
20 | 20 | (C) is [utterly] without redeeming social value | |
21 | 21 | for minors. | |
22 | 22 | SECTION 2. The change in law made by this Act applies only | |
23 | 23 | to an offense committed on or after the effective date of this Act. | |
24 | 24 | An offense committed before the effective date of this Act is | |
25 | 25 | governed by the law in effect on the date the offense was committed, | |
26 | 26 | and the former law is continued in effect for that purpose. For | |
27 | 27 | purposes of this section, an offense was committed before the | |
28 | 28 | effective date of this Act if any element of the offense occurred | |
29 | 29 | before that date. | |
30 | 30 | SECTION 3. This Act takes effect September 1, 2025. |