New Texas Laws - Overview

OVERVIEW: SB13 + SB412 COMBINED - Effective Sept 1, 2025

SB13

SB412

Governs school libraries, parents' rights, catalog transparency, local review boards, and material acquisition

Alters the Penal Code, narrowing legal defenses and expanding criminal risk related to “harmful to minors” material

Creates mandatory reporting, review, and restriction systems for parents and communities to block access to materials

Eliminates educational, literary, and professional purpose defenses, making prosecution easier even for authors or librarians with good intent

Defines new categories like “indecent content” and “profane content” as grounds for restriction or removal

Removes protections previously shielding educators, librarians, and authors under claims of “bona fide educational” or literary value

Establishes school library advisory councils to enforce “local community values” and influence acquisitions and removals

Provides no exemption for educational content creators, thus exposing authors to increased legal liability

 

COMBINED IMPACT ON TEXAS AUTHORS

1. Risk of Book Bans Expanding Beyond Schools

SB13 explicitly targets school library materials, while SB412 modifies the criminal code—so taken together:

  • Materials deemed “harmful to minors,” “indecent,” or “profane” could be banned, restricted, or criminalized even if they have literary, artistic, or social value.
  • SB13’s vague definitions allow local school boards and parent advisory councils to restrict materials broadly—including references to LGBTQ+ identities, sexual education, race, abuse, or trauma.
  • SB412’s removal of educational defenses means that authors, publishers, and distributors could face criminal prosecution if minors access such materials—regardless of merit.

 

2. The End of Literary and Educational Defenses

Under SB412:

It is no longer a defense to say the material had educational, psychological, or literary merit if accused of being harmful or obscene.

This includes:

  • Health and sex education books
  • LGBTQ+ themed stories
  • YA novels that include realistic depictions of trauma, gender, or identity
  • Memoirs or fiction with racial justice, abuse recovery, or coming-of-age themes

Under SB13:

These same books can now be banned, tracked, or hidden via:

  • Parental opt-out lists
  • Local advisory council challenges
  • New “transparency” rules requiring real-time monitoring of what kids check out

Together, the two bills make it easier to ban books and prosecute their creators.

 

3. Widened Definitions of “Harmful,” “Indecent,” and “Profane”

These vague terms, used heavily in SB13, create legal gray areas:

  • “Indecent content” = “portrays sexual or excretory organs or activities in a patently offensive way”
  • “Profane content” = “grossly offensive language that is a public nuisance”

These subjective standards can be used to:

  • Challenge classic literature (Catcher in the Rye, The Color Purple)
  • Target books for having LGBTQ+ characters or storylines
  • Ban books even for one scene, a QR code, or language used in context

 

IMPLICATIONS FOR TEXAS AUTHORS

Area

Impact

Writing YA or LGBTQ+ content

Extremely risky—may be labeled indecent, harmful, or profane

Writing health or sex education content

Now prosecutable if a minor accesses it—even with educational merit

Selling at schools or to libraries

Libraries must now vet every book with parental and board oversight

Publishing with adult content

If “harmful to minors” but made accessible to youth, criminal liability is possible

Doing classroom visits or book talks

Authors can be disinvited or restricted if their content is flagged

Donating books to libraries

Requires full board review and public display before approval under SB13

 

 IS THIS MODEL SPREADING TO OTHER STATES?

Yes, and both SB13 and SB412-style bills are being introduced nationwide, often together or in tandem:

States with SB13/SB412–style legislation:

  • Indiana (HB1447) – Criminalizes librarians and mandates parental oversight of school library catalogs.
  • Idaho (HB710) – Allows lawsuits against libraries over allegedly harmful content.
  • Florida – Has already removed thousands of books under vague “harmful to minors” rules and added QR code bans like in SB13.
  • Arkansas (Act 372) – Criminalized librarians over book content until partially struck down.
  • Tennessee, Missouri, Oklahoma, Iowa, Alabama, and Arizona – All have active or passed legislation narrowing educational exemptions and increasing censorship under “harmful to minors” standards.
  • Georgia and Louisiana – Both have passed or proposed laws matching SB13’s structure of advisory boards, transparency systems, and parental control over school materials.

 

CONCLUSION

Texas has now created one of the most aggressive anti-literature legal frameworks in the nation through the combination of SB13 and SB412.

  • SB13 weaponizes local school systems, empowering parents and politically influenced advisory boards to ban books based on vague moral standards.
  • SB412 changes the criminal law, removing protections for authors, educators, and librarians—even if their content serves a public good.

Together, they will:

  • Lead to a surge in book bans
  • Criminalize authors and publishers for content accessible by minors
  • Chill creative expression, especially for LGBTQ+ and BIPOC voices
  • Spread to other states, as we are already seeing

 

NEXT STEPS FOR TEXAS AUTHORS

  1. Use Rating Programs Like ReadSafe – Help classify your content before challenges arise.
  2. Label Books with Age Ranges and Content Advisories – Protects your work and gives context.
  3. Avoid Direct School Distribution Without Vetting – Consider age verification or opt-in methods.
  4. Track Advisory Boards and Library Policies – Get involved and help advocate for balance.
  5. Join Author Advocacy Groups – Such as PEN America, NCAC, and the Texas Authors Institute of History.

Would you like a public-facing one-pager or author toolkit summarizing this threat and what authors can do to protect themselves?