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78R1877 KEL-D


By:  Wise, Riddle, West                                           H.B. No. 60 

Substitute the following for H.B. No. 60:                                     

By:  Keel                                                     C.S.H.B. No. 60 



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of possessing or 
promoting child pornography.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Sections 43.26(d) and (g), Penal Code, are 
amended to read as follows:
	(d)  An offense under Subsection (a) is a felony of the third 
degree, unless the visual material possessed by the actor is an 
image transmitted to a computer by telephone line, cable, satellite 
transmission, or other method, in which event the offense is a 
felony of the second degree.
	(g)  An offense under Subsection (e) is a felony of the 
second degree, unless the visual material promoted by the actor or 
possessed by the actor with intent to promote is an image 
transmitted to a computer by telephone line, cable, satellite 
transmission, or other method, in which event the offense is a 
felony of the first degree.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.   This Act takes effect September 1, 2003.