By: Flores, et al.	S.B. No. 20

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the criminal offense of possession or
	promotion of obscene visual material appearing to depict a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended
	by adding Section 43.235 to read as follows:
	Sec. 43.235.  POSSESSION OR PROMOTION OF OBSCENE VISUAL
	MATERIAL APPEARING TO DEPICT CHILD. (a) In this section:
	(1)  "Promote" has the meaning assigned by Section
	43.25.
	(2)  "Visual material" has the meaning assigned by
	Section 43.26.
	(b)  A person commits an offense if the person knowingly
	possesses, accesses with intent to view, or promotes obscene visual
	material containing a depiction that appears to be of a child
	younger than 18 years of age engaging in activities described by
	Section 43.21(a)(1)(B), regardless of whether the depiction is an
	image of an actual child, a cartoon or animation, or an image
	created using an artificial intelligence application or other
	computer software.
	(c)  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 43.23, 43.26,
	43.261, or 43.262; or
	(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, Section 43.23,
	43.26, 43.261, or 43.262, or any combination of those offenses.
	(d)  If conduct constituting an offense under this section
	also constitutes an offense under another law, the actor may be
	prosecuted under this section, the other law, or both.
	SECTION 2.  Section 3.03(b), Penal Code, is amended to read
	as follows:
	(b)  If the accused is found guilty of more than one offense
	arising out of the same criminal episode, the sentences may run
	concurrently or consecutively if each sentence is for a conviction
	of:
	(1)  an offense:
	(A)  under Section 49.07 or 49.08, regardless of
	whether the accused is convicted of violations of the same section
	more than once or is convicted of violations of both sections; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A), regardless of whether the accused is
	charged with violations of the same section more than once or is
	charged with violations of both sections;
	(2)  an offense:
	(A)  under Section 33.021 or an offense under
	Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
	against a victim younger than 17 years of age at the time of the
	commission of the offense regardless of whether the accused is
	convicted of violations of the same section more than once or is
	convicted of violations of more than one section; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A) committed against a victim younger than 17
	years of age at the time of the commission of the offense regardless
	of whether the accused is charged with violations of the same
	section more than once or is charged with violations of more than
	one section;
	(3)  an offense:
	(A)  under Section 21.15 or 43.26, regardless of
	whether the accused is convicted of violations of the same section
	more than once or is convicted of violations of both sections; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A), regardless of whether the accused is
	charged with violations of the same section more than once or is
	charged with violations of both sections;
	(4)  an offense for which the judgment in the case
	contains an affirmative finding under Article 42.0197, Code of
	Criminal Procedure;
	(5)  an offense:
	(A)  under Section 20A.02, 20A.03, or 43.05,
	regardless of whether the accused is convicted of violations of the
	same section more than once or is convicted of violations of more
	than one section; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A), regardless of whether the accused is
	charged with violations of the same section more than once or is
	charged with violations of more than one section;
	(6)  an offense:
	(A)  under Section 22.04(a)(1) or (2) or Section
	22.04(a-1)(1) or (2) that is punishable as a felony of the first
	degree, regardless of whether the accused is convicted of
	violations of the same section more than once or is convicted of
	violations of more than one section; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A) and punishable as described by that
	paragraph, regardless of whether the accused is charged with
	violations of the same section more than once or is charged with
	violations of more than one section; [or]
	(7)  an offense under Section 43.235 or an offense for
	which a plea agreement was reached in a case in which the accused
	was charged with more than one offense under Section 43.235; or
	(8)  any combination of offenses listed in Subdivisions
	(1)-(7) [(1)-(6)].
	SECTION 3.  Section 71.02(a), Penal Code, as amended by
	Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
	4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
	Session, 2023, is reenacted and amended to read as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang or
	foreign terrorist organization, the person commits or conspires to
	commit one or more of the following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or disabled
	individual, solicitation of a minor, forgery, deadly conduct,
	assault punishable as a Class A misdemeanor, burglary of a motor
	vehicle, or unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug:
	(A)  through forgery, fraud, misrepresentation,
	or deception; or
	(B)  with the intent to deliver the controlled
	substance or dangerous drug;
	(5-a)  causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	[(5-b)  any unlawful possession with intent to deliver
	a controlled substance or dangerous drug;
	[(5-b)  unlawful possession with intent to deliver a
	controlled substance listed in Penalty Group 1-B under Section
	481.1022, Health and Safety Code;]
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 43.235;
	(17)  any offense under Section 46.06(a)(1) or 46.14;
	(18) [(17)]  any offense under Section 20.05, 20.06, or
	20.07;
	(19) [(18)]  any offense under Section 16.02;
	(20) [(19)]  any offense punishable under Section
	42.03(d) or (e);
	(21) [(19)]  an offense under Section 28.03 that is
	punishable under Subsection (b)(4)(E) of that section;
	(22) [(20)]  an offense under Section 31.21 that is
	punishable under Subsection (d) of that section; [or]
	(23) [(20)]  any offense classified as a felony under
	the Tax Code; or
	(24) [(21)]  any offense under Section 545.420,
	Transportation Code.
	SECTION 4.  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 5.  This Act takes effect September 1, 2025.