The Legislative Budget Board (LBB) indicates that a lack of data prevents an exact estimate of costs. However, potential financial consequences exist due to the bill’s expansion of criminal offenses related to sexually explicit visual materials involving children, including AI-generated depictions. The bill could lead to increased demands on state and local correctional resources, as more individuals may be arrested, prosecuted, and sentenced to confinement or community supervision. Longer sentences resulting from the bill’s penalty enhancements could further contribute to higher incarceration costs.

For local governments, the bill may lead to greater demands on jails and pretrial detention facilities, as well as higher caseloads for local courts and probation offices. Additionally, the removal of certain affirmative defenses and the reduction in the mental state required for culpability could increase prosecution rates, requiring additional judicial resources.

Despite these concerns, the actual cost to the state and local governments remains indeterminate, as no precise data exists to measure the number of additional cases that would qualify under the revised statutes. The Office of Court Administration (OCA) and the Comptroller of Public Accounts (CPA) concur that the fiscal implications cannot be definitively projected at this time.

SB 1621 represents a necessary modernization of Texas law to combat the growing threat of artificial intelligence (AI)-generated sexually explicit materials involving minors. By updating the state’s child pornography statutes, this bill effectively closes legal loopholes that could allow offenders to exploit new technology. It establishes clear definitions for “depiction of a child” and “depiction of a computer-generated child,” ensuring that AI-generated content is treated as seriously as real child exploitation materials. This is a critical step in addressing the evolving nature of digital crimes.

From a liberty perspective, SB 1621 is aligned with the principles of individual liberty and personal responsibility by protecting minors from exploitation while holding offenders accountable. While the bill does expand government enforcement capabilities, it does so within reasonable limits, targeting only those who create, distribute, or knowingly possess illicit material. Concerns regarding overreach or impact on free expression are mitigated by the bill’s clear focus on material that a “reasonable person” would recognize as exploitative. Additionally, affirmative defenses remain available for legitimate law enforcement, medical, judicial, and educational purposes, preventing unintended criminalization of professionals handling such material in an official capacity.

The fiscal impact of the bill is uncertain, but it is likely to increase costs due to longer sentences and expanded prosecution. However, this cost is justified by the state’s interest in deterring and punishing the exploitation of children. While there may be higher incarceration and supervision costs, the bill ensures that repeat offenders and those using AI to create illicit content face enhanced penalties, making it a strong deterrent against future crimes.

Overall, SB 1621 is a necessary and measured response to an urgent issue. It modernizes the law, enhances protections for minors, and ensures that offenders are held accountable without excessive government expansion. As such, Texas Policy Research encourages lawmakers to vote YES on SB 1621.

• HB 4911 (Same As)