H.B. No. 1552 proposes significant changes to Texas law regarding child exploitation by renaming "child pornography" to "child sexual abuse material" throughout various sections of the Penal Code and the Business & Commerce Code. This includes updating the heading of Section 43.26 to "POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE MATERIAL" and revising definitions and reporting requirements for digital service providers. The bill aims to enhance the legal framework for protecting children from sexual exploitation and to ensure that the terminology used in the law reflects the serious nature of these offenses.
In addition to the terminology changes, the bill introduces provisions for the destruction or forfeiture of materials classified as child sexual abuse material following a conviction and mandates health warnings from commercial entities regarding the potential harms of exposure to such materials. It also tightens legal consequences for serious offenses like sexual assault and trafficking, ensuring that certain legal protections for defendants are not applicable in these cases. Furthermore, the bill broadens the definition of "abuse" to include mental or emotional injury and establishes new criteria for determining the best interest of the child in parental termination cases, particularly focusing on the parent's criminal history. The bill is set to take effect on September 1, 2025.
Statutes affected: Introduced: Penal Code 43.26, Commerce Code 110.001, Commerce Code 110.002, Commerce Code 110.003, Estates Code 201.062, Family Code 161.001, Family Code 261.001, Family Code 262.2015 (Family Code 261, Commerce Code 110, Family Code 262, Penal Code 43, Family Code 161, Estates Code 201)
House Committee Report: Penal Code 43.26, Commerce Code 110.001, Commerce Code 110.002, Commerce Code 110.003, Estates Code 201.062, Family Code 161.001, Family Code 261.001, Family Code 262.2015 (Family Code 261, Commerce Code 110, Family Code 262, Penal Code 43, Family Code 161, Estates Code 201)
Engrossed: Penal Code 43.26, Commerce Code 110.001, Commerce Code 110.002, Commerce Code 110.003, Estates Code 201.062, Family Code 161.001, Family Code 261.001, Family Code 262.2015 (Family Code 261, Commerce Code 110, Family Code 262, Penal Code 43, Family Code 161, Estates Code 201)