What Texas SB 412 means for educators and librarians

In a move that has sparked concern across Texas’s educational landscape, the Texas Legislature passed SB 412 May 19, 2025. The law took effect on Sept. 1, 2025, and amends a portion of the Texas Penal Code (specifically § 43.24) making it a criminal offense to sell, distribute, or display harmful material to a minor.

The amendments remove a longstanding affirmative defense for an educator who had a “scientific, educational, governmental, or other similar justification” for providing the materials. The affirmative defense now applies only to judicial and law enforcement officers discharging their official duties.

The definition of harmful materials remains unchanged. It is still defined as: “material whose dominant theme taken as a whole:

(A)  appeals to the prurient interest of a minor, in sex, nudity, or excretion;

(B)  is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and

(C)  is utterly without redeeming social value for minors.”

Previously, if a school librarian or teacher was accused of providing “harmful” content to a student, they could argue it was for a legitimate academic purpose. That protection is now gone. The only individuals who retain this defense under the new law are those acting within their capacity for a judicial or law enforcement purpose.

The full impact of SB 412 remains to be seen, but it certainly gives teachers or librarians less protection if a parent accuses them of assigning or displaying books with sexual themes. Likewise, health and sexual education teachers are more susceptible to parental complaints that materials they teach related to certain subjects (sex, excretion, etc.) are harmful materials.

While the law seemingly makes it easier to bring charges, it will be up to local prosecutorial discretion to decide which cases to pursue—and that may certainly vary depending on the prosecutor and community standards. From a legal standpoint, the definition of harmful materials is fairly narrow, requiring the dominant theme of the materials to meet all three prongs listed above. The law also has a substantial knowledge requirement: The accused must know the materials are harmful. The accused must also know the recipient is a minor if they are selling, distributing, or exhibiting the material, or, if they are displaying harmful material, they must have been reckless about whether a minor is present.

Nonetheless, SB 412 removes a legal protection Texas educators once held. As a result, educators must be more cautious when choosing resources and materials to display, circulate, or use with students.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.