Amend CSHB 8 (committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ___.  Sections 43.26(a) and (h), Penal Code, are amended to read as follows:
(a)  A person commits an offense if:
(1)  the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and
(2)  the person knows that the material depicts the child as described by Subdivision (1).
(h)  It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:
(1)  possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;
(2)  allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and
(3)  took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).
SECTION ___.  The change in law made by this Act to Section 43.26, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.