Text of TX HB 2030 (2025)

89R4672 JCG-D By: Richardson H.B. No. 2030 A BILL TO BE ENTITLED AN ACT relating to affirmative defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is 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 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. Section 43.26(c), Penal Code, is amended to read as follows: (c) It is an [The] affirmative defense to a prosecution under this section that the conduct was for a bona fide judicial or law enforcement purpose [defenses provided by Sections 43.25(f)(2) and (3) also apply to a prosecution under this section]. SECTION 4. 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 5. This Act takes effect September 1, 2025.