H.B. No. 1344
 
 
 
 
AN ACT
  relating to certain defenses to prosecution for the offense of
  sale, distribution, or display of harmful material to a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.24, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  It is an affirmative [a] defense to prosecution under
  this section that[:
               [(1)]  the sale, distribution, or exhibition was by a
  person having scientific, educational, governmental, or other
  similar justification[; or
               [(2)     the sale, distribution, or exhibition was to a
  minor who was accompanied by a consenting parent, guardian, or
  spouse].
         (c-1)  It is a defense to prosecution under this section that
  the actor was the spouse of the minor at the time of the offense.
         SECTION 2.  The change in law made by this Act applies 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 at the time 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 was
  committed before that date.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1344 was passed by the House on April
  7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1344 was passed by the Senate on May
  17, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor