The 2025 Texas Legislative Session: Criminalizing Librarians and Teachers
In Texas, several bills have been pre-filed in an attempt to get rid of affirmative defenses against prosecution for library materials, including those that have scientific, political, artistic, or literary value.
In past legislative sessions, a number of states, including Alabama, Arkansas, Missouri, and more, introduced various bills attempting to criminalize librarianship - many of these laws have been challenged in court. While the trend of attempting to criminalize librarians and teachers is not new, it is one of the most concerning aspects of book-banning laws and policies. Historically, teachers and librarians have been exempt from prosecution under obscenity laws because they are obligated to provide access to diverse books and materials to uphold the First Amendment. In Texas, several bills have been pre-filed in an attempt to get rid of affirmative defenses against prosecution for library materials, including those that have scientific, political, artistic, or literary value.
These bills include:
- HB267: Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
- HB947: Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
- HB995: Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
- HB1012: Relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
- HB1025: Relating to the appointment of an inspector general for education, the creation of a division of inspector general for education in the State Board of Education to investigate public education, and the authority of the commissioner of education to conduct special investigations.
- HB1434: Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
- SB89: Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
- SB242: Relating to affirmative defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
- SB412:Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
These bills go beyond violating the First Amendment. Rather than only censoring books and materials from libraries and classrooms, this legislation would make school librarians and teachers legally responsible for curation decisions.
Beyond educators, teachers, and librarians, these laws could be interpreted to punish anyone who distributes or possesses certain materials and could even hold consequences for law enforcement refusing to enforce these bills.
Update: January 29, 2025
A Texas House of Representatives member has filed HB2030, another bill that attempts to criminalize the profession of librarianship. If passed, this legislation would remove "educational" justifications from being used as a defense against prosecution within the Texas Penal Code. Currently, obscenity and harmful materials regulations under the state's penal code provide exceptions for educational purposes to ensure compliance with the First Amendment.
Reach out to your legislators to take action to protect librarians and the freedom to read.
Download our complete report to learn more about the 2025 Texas legislative session and the legislative bills attacking libraries.