The debate over what counts as inappropriate material for minors has been a flashpoint at the Texas Capitol 鈥� and beyond 鈥� for years.
And in 2025, the Texas Legislature鈥檚 89th session was no different. Earlier this year, lawmakers passed Senate Bill 412, which makes changes that could mean criminal charges for educators.
To fully understand the new law, which takes effect on Sept. 1, you first need to understand how Texas legally defines what鈥檚 considered inappropriate material for kids. That stemmed from a 1973 U.S. Supreme Court decision, , which established a three-prong test for what counts as obscene speech.
鈥淭he first is whether an average person applying community standards would find the work as a whole appealing to what鈥檚 called the prurient interest,鈥� said UT-Austin Law Professor Jennifer Laurin. 鈥淭he second is that the work depicts something that is sexual or bodily in a patently offensive way. And the third is that it lacks, on the whole, serious literary, political, scientific value.鈥�
The very same year as that court case, to define what materials the state considered harmful for minors. Under the Texas Penal Code, these materials are illegal to sell, distribute or display.
For decades, though, there鈥檚 been a carve out called the 鈥渁ffirmative defense.鈥� This offered legal protection to people 鈥� like educators or doctors 鈥� if the material deemed potentially harmful was used for 鈥渆ducational, scientific, psychiatric, psychological, governmental, or legislative reasons.鈥�
But once SB 412 takes effect, that鈥檚 no longer the case. The legislation means the affirmative defense is no more.
Supporters of the change say it will protect Texas鈥� kids, adding that bad actors could use the affirmative defense carve out to expose children to harmful material without consequences. That view is shared by the bill鈥檚 author, Republican state Sen. Mays Middleton, who said he filed the legislation in response to parental concerns.
鈥淭he current loopholes of prosecution are frankly so big you could drive a truck through them,鈥� Middleton told lawmakers in a March hearing on the measure. 鈥淪enate Bill 412 ensures that children are protected from sexualization and abusers can be prosecuted to the fullest extent of the law.鈥�
Among those who testified in favor of SB 412 at the hearing was Shannon Ayres. She is the education director with the Texas chapter of Citizens Defending Freedom, a national conservative advocacy group.
鈥淚magine a teacher, coach, or librarian giving your child pornography, but that teacher being protected by the law,鈥� Ayres said. 鈥淚t鈥檚 hard to believe that this is Texas, but it is.鈥�
But Clay Robison, a spokesperson for the Texas State Teachers Association, says that isn鈥檛 a real problem in the state. To him, SB 412 is an attack on educators.
鈥淭eachers are not exposing kids to pornography,鈥� he said. 鈥淭eachers are trying to teach. Sometimes nudity is a reality, sex is a reality. They shouldn鈥檛 be punished or run the risk of being punished and have to go through the expense and the humiliation of a criminal trial just because they鈥檙e trying to do their jobs.鈥�
Now that SB 412鈥檚 removing the affirmative defense for teachers and others, some worry about the chilling effect it could have in classrooms and libraries. This includes Laney Hawes, co-founder of the parents鈥� group Texas Freedom to Read Project.
鈥淚t鈥檚 like a threat to frighten educators and librarians and to encourage this silent self-censorship,鈥� she said. 鈥淭hey鈥檙e now so scared to buy any books or have any books in libraries that you know that someone doesn鈥檛 like that someone could find fault with.鈥�
Haws pointed to Granbury, TX, where against three school librarians because of books that were on the shelves in the local school district.
Those charges were never filed, because the Hood County district attorney said there was not enough evidence. But ultimately, one of the librarians left the district.
But to some, like Mary Elizabeth Castle with the conservative policy group Texas Values, that hesitation is actually the ideal outcome of SB 412 taking effect.
鈥淥ur hope is that this law serves [as] more of a deterrent,鈥� she said, hoping people know that 鈥渋f you have these obscene materials, sex ed, books, or otherwise 鈥� you don鈥檛 do it.鈥�
Then, said Castle, it would be up to parents or schools to say if 鈥渟omeone鈥檚 not obeying the law.鈥�
UT Law鈥檚 Jennifer Laurin said getting rid of the affirmative defense doesn鈥檛 necessarily mean any criminal charges will be filed. But once the measure takes effect on Sept 1., the door will be open if any prosecutor agrees to take on a case.
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