87R10554 KJE-F     By: Hall S.B. No. 978       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of the criminal offense   of possession or promotion of lewd visual material depicting a   child; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.262, Penal Code, is amended by   amending Subsections (b) and (c) and adding Subsections (c-1) and   (c-2) to read as follows:          (b)  A person commits an offense if the person knowingly   possesses, accesses with intent to view, or promotes visual   material that:                (1)  depicts the lewd exhibition of the genitals or   pubic area of an unclothed, partially clothed, or clothed child who   is younger than 18 years of age at the time the visual material was   created; and                (2)  appeals to the prurient interest in sex[; and                [(3) has no serious literary, artistic, political, or   scientific value].          (c)  Except as provided by Subsection (c-1) or (c-2), an [An]   offense under this section is a state jail felony, except that the   offense is:                (1)  a felony of the third degree if 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 Section 43.26; and                (2)  a felony of the second 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 or Section 43.26.          (c-1)  Subject to Subsection (c-2), an offense under this   section is a felony of the second degree if the offense is:                (1)  based on the promotion of visual material; and                (2)  committed by a corporation, association, limited   liability company, or other entity or organization governed by the   Business Organizations Code or an individual acting in the name of   or in behalf of such an entity or organization.          (c-2)  An offense otherwise punishable under Subsection   (c-1) is a felony of the first degree if it is shown on the trial of   the offense that the actor has been previously convicted one or more   times of:                (1)  an offense punishable under Subsection (c-1); or                (2)  an offense under Section 43.26.          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 immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.