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LUFKIN – A fierce debate on the Texas House floor exploded on Friday morning on a bill that would become a law that would criminalize educators and parents.
Written by Sen. Mays Middleton, a Galveston Republican, Sen. Sen. Mays Middleton, Sen. removes legal protections for adults that provide material to children deemed harmful. After the final 92-39 votes, I’m heading to Governor Greg Abbott’s desk.
Under current law, educators, doctors, and parents are protected from criminal charges by a legal rule called “positive defense.” The bill removes this protection.
“It makes it easier to prosecute not only educators and librarians, but also parents and healthcare professionals, while also adding ambiguity to the definition of what is prohibited,” said Karo Acher, engagement coordinator for free speech for the American Civil Liberties Union, a civil rights group.
The bill also eliminates positive defenses for individuals charged with sexual performance by children. This is when children are encouraged to actually engage in sexual activity with adults. Opponents of the bill did not discuss this section, but instead focused on the bill’s impact on educators.
Critics say the bill will lead teachers and librarians to remove material from fears it would be considered too mature and lead to criminal charges.
Supporters say it is an important next step in protecting children in Texas.
“Teachers and librarians who intentionally, intentionally or recklessly expose their children to harmful content should be exposed to fear in Texas,” said Rep. Mitch Little, a Louisville Republican.
Rep. Jared Patterson, R-Frisco, sponsor of the bill’s House, has promised that adults who have legitimate cases of sharing materials with educational value will not be afraid. The work in question is subject to the Miller Test, three legal criteria used by US courts to determine obsceneness.
“What we’re talking about here is the perversion of extreme content that must meet all three of these standards set out in this bill. It must be pretty extreme,” Patterson said. “Unfortunately, we’ve seen some extreme examples in public schools and we believe that will affect some of them.”
The law is part of a growing tension between groups that children believe are harmful to their development and those worried about the impact of the book ban.
In 2024, an organized, conservative move attempted to remove books from schools and libraries 821 times, according to the National Library Association, a national library advocacy group. Nearly 2,500 books were challenged in these efforts.
Similarly, in Texas and across the country, lawmakers have also passed laws that limit the types of material available to public libraries and schools. Critics say they are targeting books directly on LGBTQ+ themes and are related to books featuring racism and characters of color.
In Texas, a bill banning all sexually explicit books in public school libraries is scheduled to be heard by the House Public Education Board on Tuesday. It is one of a few on the table to completely prohibit certain literature.
“I think this is a more roundabout book ban,” Acha said. He mentioned the Senate bill passed Friday. “It will have a calm effect, despite not explicitly listing the materials. It will prevent teachers, parents and educators from using materials that are subject to criminal prosecution, as no one wants to take that risk.”
House Republicans who voted for the bill said it would provide much-needed protection to children exposed to sexually explicit and morally incorrect material that is illegal in other circumstances.
“Before you vote, I ask yourself, is morality going up or down in this country?” asked Rep. Matt Morgan, a Richmond Republican. “If you think they’re down, there are changes we need to make to help the child. You can’t see the images in these books. You can’t read these words. So I’d like you to vote for the bill.”
House Democrats who rejected the bill, including D-Rowlett Rep. Rhetta Bowers, said the bill was too vague. They say it leads to teachers and librarians who live in fear of the consequences of materials that will allow children to access their children.
The “cool effect” causes educators to remove works such as “Hamlet”, “Scarlet Letter”, “Brave New World”, and even the Bible.
“Protecting children does not mean protecting them from reality,” Bowers said. “It means giving them the tools to understand it, navigate it, and grow into a caring, informed, enthusiastic citizen.”
Tickets are currently on sale at the 15th Texas Tribune Festival of Breakout Ideas and Political Events in Texas, which will be held in downtown Austin from November 13th to 15th. Tribfest 2025 will be announced by Jpmorganchase.
