86R3081 TSS-D
 
  By: Huffman S.B. No. 1730
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the criminal penalties for the offenses of
  producing, directing, or promoting a sexual performance by a child
  and possessing child pornography.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.25(e), Penal Code, is amended to read
  as follows:
         (e)  An offense under Subsection (d) is a felony of the
  second [third] degree, except that the offense is a felony of the
  first [second] degree if the victim is younger than 14 years of age
  at the time the offense is committed, regardless of whether the
  actor knows the age of the victim at the time of the offense.
         SECTION 2.  Section 43.26(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under Subsection (a) is a felony of the
  second [third] degree, except that the offense is[:
               [(1)     a felony of the second degree if it is shown on
  the trial of the offense that the person has been previously
  convicted one time of an offense under that subsection; and
               [(2)]  a felony of the first degree if it is shown on
  the trial of the offense that the person has been previously
  convicted [two or more times] of an offense under that subsection.
         SECTION 3.  The changes in law made by this Act apply 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 when 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.
         SECTION 4.  This Act takes effect September 1, 2019.