87R8810 MEW-F     By: Schaefer H.B. No. 2377       A BILL TO BE ENTITLED   AN ACT   relating to the punishment for possession of child pornography;   increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.26, Penal Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (d)  An offense under Subsection (a) is:                (1)  a felony of the third degree if the person   possesses visual material that contains fewer than 10 visual   depictions of a child as described by Subsection (a)(1);                (2)  [, 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 possesses visual material   that contains 10 or more visual depictions of a child as described   by Subsection (a)(1) but fewer than 200 such depictions [has been   previously convicted one time of an offense under that subsection];   or                (3)  [and                [(2)] a felony of the first degree if [it is shown on the   trial of the offense that] the person possesses visual material   that contains 200 or more visual depictions of a child as described   by Subsection (a)(1) [has been previously convicted two or more   times of an offense under that subsection].          (d-1)  If it is shown on the trial of an offense under   Subsection (a) that the defendant has been previously convicted of   an offense under that subsection:                (1)  an offense described for purposes of punishment by   Subsection (d)(1) or (2) is increased to the next higher category of   offense; or                (2)  the minimum term of confinement for an offense   described for purposes of punishment by Subsection (d)(3) is   increased to 15 years.          SECTION 2.  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 3.  This Act takes effect September 1, 2021.