Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

Contracts

• Vendor Indemnification: Update Master Service Agreements (MSAs) with content distributors (publishers, ed-tech software) to require indemnification if they supply material labeled "educational" that triggers a "harmful to minors" prosecution.
• Employment Agreements: Expect demands from licensed professionals (librarians, therapists) for contractual legal defense support. Define the scope of employer-provided counsel clearly, as criminal acts are often excluded from standard corporate protections.
• User Agreements: Update Acceptable Use Policies (AUPs) for patrons and clients to explicitly state that access to materials is restricted by state statute, removing discretion from front-line staff.

Hiring/Training

• Mandatory Re-Training: All staff interacting with minors or inventory must undergo training on the revised Texas Penal Code 43.24 and 43.25. They must understand that "educational value" is no longer a valid justification for possession or display of restricted content.
• Compliance Officer Designation: Appoint a specific officer responsible for final content adjudication. Do not leave "harmful" determinations to front-line employees.

Reporting & Record-Keeping

• Vetting Logs: Establish an internal "Content Review Log" documenting that specific materials were reviewed and deemed compliant *before* being made accessible. This demonstrates due diligence.
• Age Verification Records: Implement and archive logs of government-issued ID checks for access to age-restricted areas or collections.
• Incident Reports: Document all denials of access to minors to establish a pattern of strict enforcement.

Fees & Costs

• Insurance Review: Standard General Liability and D&O policies typically exclude criminal acts. You must immediately consult your broker regarding "Criminal Defense Cost Reimbursement" endorsements or specialized coverage for regulatory/obscenity proceedings.
• Audit Costs: Budget for legal counsel to review current collections, curricula, and clinical protocols prior to the September deadline.