H.B. No. 267 amends the Texas Penal Code to introduce new affirmative defenses for certain offenses involving material or conduct deemed obscene or harmful to children. Specifically, it adds a new subsection (c-2) to Section 43.24, stating that it is an affirmative defense if the actor was a judicial or law enforcement officer performing their official duties at the time of the offense. Additionally, Section 43.25(f) is revised to include a similar defense for judicial or law enforcement officers, while removing the previous provision that allowed for a defense based on the conduct being for bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purposes.

Furthermore, the bill repeals Section 43.24(c) entirely, streamlining the legal framework surrounding these offenses. The changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the laws in effect at that time.

Statutes affected:
Introduced: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)
House Committee Report: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)