H.B. No. 1434 proposes amendments to the Texas Penal Code regarding affirmative defenses for certain offenses related to obscene material or conduct harmful to children. The bill modifies Section 43.24(c) to establish that a bona fide judicial, law enforcement, or legislative justification serves as an affirmative defense, replacing the previous justification of scientific, educational, governmental, or similar purposes. Additionally, Section 43.25(f) is amended to include similar justifications, while removing references to educational, medical, psychological, or psychiatric purposes as valid defenses.

The bill stipulates that these changes will only apply to offenses committed on or after the effective date of September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the law in effect at that time. This transition clause clarifies that if any element of an offense took place before the effective date, the former law will remain applicable.

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