By: Kolkhorst S.B. No. 1322     (Miller)           A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for certain conduct   constituting the offense of possession or promotion of child   pornography.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.25(g), Penal Code, is amended to read   as follows:          (g)  When it becomes necessary for the purposes of this   section or Section 43.26 to make a determination regarding the age   of [determine whether] a child who participated in sexual conduct   [was younger than 18 years of age], the court or jury may make that    [this] determination by any of the following methods:                (1)  personal inspection of the child;                (2)  inspection of the photograph or motion picture   that shows the child engaging in the sexual performance;                (3)  oral testimony by a witness to the sexual   performance as to the age of the child based on the child's   appearance at the time;                (4)  expert medical testimony based on the appearance   of the child engaging in the sexual performance; or                (5)  any other method authorized by law or by the rules   of evidence at common law.          SECTION 2.  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, except that the offense is:                (1)  a felony of the second degree if:                      (A)  it is shown on the trial of the offense that   the person has been previously convicted one time of an offense   under this section; or                      (B)  the child depicted in the visual material was   younger than 14 years of age at the time the image was made [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 this section [that   subsection].          (g)  An offense under Subsection (e) is a felony of the   second degree, except that the offense is a felony of the first   degree if it is shown on the trial of the offense that the person has   been previously convicted of an offense under this section [that   subsection].          SECTION 3.  The change in law made by this Act 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.          SECTION 4.  This Act takes effect September 1, 2017.