LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 17, 2025 TO: Honorable Ken King, Chair, House Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB267 by Patterson (Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the affirmative defense to prosecution of the offense of sale, distribution, or display of harmful material to a minor by replacing scientific, educational, governmental, or other similar justifications with judicial, law enforcement, or legislative justifications and amend the affirmative defense to prosecution of the offense of sexual performance by a child by excluding educational, medical, psychological, and psychiatric justifications. It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant. Local Government ImpactIt is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council LBB Staff: b > td > JMc, WP, DGI, QH, MGol LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 17, 2025 TO: Honorable Ken King, Chair, House Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB267 by Patterson (Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced TO: Honorable Ken King, Chair, House Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB267 by Patterson (Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced Honorable Ken King, Chair, House Committee on State Affairs Honorable Ken King, Chair, House Committee on State Affairs Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board HB267 by Patterson (Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced HB267 by Patterson (Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the affirmative defense to prosecution of the offense of sale, distribution, or display of harmful material to a minor by replacing scientific, educational, governmental, or other similar justifications with judicial, law enforcement, or legislative justifications and amend the affirmative defense to prosecution of the offense of sexual performance by a child by excluding educational, medical, psychological, and psychiatric justifications. It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant. Local Government Impact It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council 212 Office of Court Administration, Texas Judicial Council LBB Staff: b > td > JMc, WP, DGI, QH, MGol JMc, WP, DGI, QH, MGol