TO:	Honorable Brandon Creighton, Chair, Senate Committee on Education
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB13 by Paxton (Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials and to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced

The bill would limit an affirmative defense to the offense of sale, distribution, or display of harmful material to a minor to include only a bona fide judicial, law enforcement, or legislative justification. Currently, the affirmative defense includes a scientific, educational, governmental, or other similar justification. The offense is punishable as a Class A misdemeanor or a third degree felony if certain conditions are met.

Limiting an affirmative defense to an existing offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.

In fiscal year 2022, there were 57 individuals arrested, 16 individuals placed on adult community supervision, 22 individuals placed on juvenile probation supervision, no individuals admitted to an adult state correctional institution, and no individuals admitted to a juvenile state correctional institution for the offense of sale, distribution, or display of harmful material to a minor.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.