89R16466 JCG-F     By: Patterson, Hickland, Metcalf, Hefner, H.B. No. 267       Vasut, et al.     Substitute the following for H.B. No. 267:     By:  Hull C.S.H.B. No. 267       A BILL TO BE ENTITLED   AN ACT   relating to defenses to prosecution for certain offenses involving   material or conduct that is obscene or otherwise harmful to   children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.24, Penal Code, is amended by adding   Subsection (c-2) to read as follows:          (c-2)  It is an affirmative defense to prosecution under   Subsection (b)(1) or (2) that at the time of the offense the actor   was a judicial or law enforcement officer discharging the officer's   official duties.          SECTION 2.  Section 43.25(f), Penal Code, is amended to read   as follows:          (f)  It is an affirmative defense to a prosecution under this   section that:                (1)  the defendant was the spouse of the child at the   time of the offense;                (2)  at the time of the offense the actor was a judicial   or law enforcement officer discharging the officer's official   duties [the conduct was for a bona fide educational, medical,   psychological, psychiatric, judicial, law enforcement, or   legislative purpose]; or                (3)  the defendant is not more than two years older than   the child.          SECTION 3.  Section 43.24(c), Penal Code, is repealed.          SECTION 4.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 5.  This Act takes effect September 1, 2025.