89R2401 JCG-F
 
  By: Hall S.B. No. 88
 
 
 
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, 2025.