AUSTIN, Texas – The Texas Senate concluded a busy Wednesday session by passing 15 bills, which now proceed to the House for further consideration. Key legislation approved by the upper chamber addressed artificial intelligence, school safety, and consumer health.
Addressing AI-Generated Child Pornography
Among the most significant actions was the unanimous passage of a package of bills aimed at curbing AI-generated child pornography. These bills provide law enforcement with enhanced tools to combat this emerging threat.
Senate Bill 20, authored by State Sen. Pete Flores (R-Pleasanton), creates a new criminal offense for possessing offensive material depicting a child under 18, regardless of whether the child is real or AI-generated. The bill’s author, Flores, emphasized the message it sends to those seeking to exploit children, stating that the Texas Senate will not tolerate such actions. The offense is classified as a state jail felony, with penalties escalating to a third-degree felony for repeat offenders or a second-degree felony for multiple prior convictions. The intent is to keep pace with rapid technological advancements, closing any loopholes that might allow the dissemination of AI-generated images, videos, and deepfakes with impunity.
State Sen. Tan Parker (R-Flower Mound) highlighted the importance of protecting children, noting that SB 20 offers an effective means for law enforcement to crack down on perpetrators. Lt. Gov. Dan Patrick has prioritized the bill, stating that Texas must take a careful approach to AI. He emphasized the need to shield Texans, and children in particular, from harmful computer-generated content and the crimes stemming from it.
Senate Bill 1621 revises the state’s child pornography statute to better incorporate AI-generated content. It criminalizes the possession or viewing of visual material depicting a child engaged in sexual conduct, with penalties varying based on whether the depicted child is real or AI-generated and the age of the child. The bill’s author, State Sen. Joan Huffman (R-Houston), stressed the message that producing and distributing sexually explicit material involving children will not be tolerated, regardless of its origin.
Senate Bill 442, authored by State Sen. Juan Hinojosa (D-McAllen), increases criminal penalties for producing or distributing sexually explicit material. This bill addresses the unique threat of deepfake media, which existing laws don’t specifically criminalize in the context of intimate depictions. Under SB 442, the production and distribution of deepfake media is only legal if the depicted person provides explicit written consent. Producing or distributing deepfake media without consent would be a Class A misdemeanor, with escalating penalties for repeat offenders.
“Make Texas Healthier” Legislation
The Senate also passed two bills under the banner of “Make Texas Healthier,” aiming to promote public health. This initiative is drawing from the federal government’s push to restrict ultra-processed food and food additives. The legislation mandates warning labels on certain food items and bans specified products in school lunches.
Senate Bill 25, sponsored by State Sen. Lois Kolkhorst (R-Brenham), intends to give Texans longer, more productive lives. Kolkhorst noted the critical role consumers play in mitigating chronic diseases and reducing healthcare costs. The bill aims to boost physical education requirements for sixth to eighth grades requiring 30 minutes of physical activity for at least six semesters. It also specifies districts can’t restrict participation for a student’s “academic performance or behavior.” It would also require nutrition education for all Texas physicians, medical students or residents. New warning labels would be needed for products containing artificial colors, food additives or other chemical ingredients banned by Canada, the European Union or the United Kingdom.
Kolkhorst explained that consumers will be armed with information so they can make their food decisions. The bill also establishes a Texas Nutrition Advisory Committee to assess the connection between ultra-processed foods, foods containing artificial colors and food additives, and chronic diseases. “We will arm Texans with information so they can make their food decisions,” Kolkhorst said. “We protect free markets and free enterprise, but we also protect the Texas consumer. With this bill, it’s simple. If Texans are eating food that includes known health risks that have been proven in other nations, why are we doing it here?”
Senate Bill 314, authored by State Sen. Bryan Hughes (R-Mineola), focuses on school nutrition, banning specific additives from free and reduced-price school lunches and breakfast programs. The banned additives include brominated vegetable oil, potassium bromate, propylparaben, azodicarbonamide, butylated hydroxyanisole, red dye 3, and titanium dioxide. Hughes states that given the potential for harm and safer alternatives available, the state should prohibit these chemicals from being served to children. The bill will impact over 8,000 schools and more than 3 million Texas schoolchildren.
Increased School Safety Funding
Senate Bill 260 seeks to boost school safety funding, building upon previous efforts and addressing challenges some districts face in complying with existing mandates. The bill increases the school safety allotment by $500 million, directing funds towards safety measures and school hardening. This legislation follows the 2022 Robb Elementary School shooting in Uvalde, which prompted lawmakers to pass House Bill 3 in 2023.
State Sen. Joan Huffman, the bill’s author, noted that ensuring the safety and security of Texas children is a priority and that SB 260 doubles the school safety allotment, increasing the per-campus amount to $30,000 from $15,000 and the per-student amount to $20 from $10. Lt. Gov. Patrick emphasized that this funding is in addition to existing allocations.
Judicial Pay Raises
Lastly, Senate Bill 293, sponsored by State Sen. Joan Huffman, will give district judges a 15% pay raise, along with changes to how complaints against judges are handled by the State Commission on Judicial Conduct. The bill’s author stressed the need for more transparency and accountability within the judicial system, particularly concerning bail decisions and other matters impacting public safety.
All 15 bills passed by the Senate now move to the Texas House for further consideration.