By Wise H.B. No. 142 77R1896 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for the offense of possessing or 1-3 promoting child pornography. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sections 43.26(d) and (g), Penal Code, are 1-6 amended to read as follows: 1-7 (d) An offense under Subsection (a) is a felony of the third 1-8 degree, unless the visual material possessed by the actor is an 1-9 image transmitted to a computer by telephone line, cable, satellite 1-10 transmission, or other method, in which event the offense is a 1-11 felony of the second degree. 1-12 (g) An offense under Subsection (e) is a felony of the 1-13 second degree, unless the visual material promoted by the actor or 1-14 possessed by the actor with intent to promote is an image 1-15 transmitted to a computer by telephone line, cable, satellite 1-16 transmission, or other method, in which event the offense is a 1-17 felony of the first degree. 1-18 SECTION 2. (a) The change in law made by this Act applies 1-19 only to an offense committed on or after the effective date of this 1-20 Act. For purposes of this section, an offense is committed before 1-21 the effective date of this Act if any element of the offense occurs 1-22 before the effective date. 1-23 (b) An offense committed before the effective date of this 1-24 Act is covered by the law in effect when the offense was committed, 2-1 and the former law is continued in effect for that purpose. 2-2 SECTION 3. This Act takes effect September 1, 2001.