H.B. No. 2291

	AN ACT
	relating to the payment of restitution to certain individuals
	depicted in child pornography and to increasing the punishment for
	certain individuals convicted of the offense of possession or
	promotion of child pornography.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42.037, Code of Criminal Procedure, is
	amended by adding Subsection (r) to read as follows:
	(r)  The court may order a defendant convicted of an offense
	under Section 43.26, Penal Code, to make restitution to an
	individual who as a child younger than 18 years of age was depicted
	in the visual material, in an amount equal to the expenses incurred
	by the individual as a result of the offense, including:
	(1)  medical services relating to physical,
	psychiatric, or psychological care;
	(2)  physical and occupational therapy or
	rehabilitation;
	(3)  necessary transportation, temporary housing, and
	child care expenses;
	(4)  lost income; and
	(5)  attorney's fees.
	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 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.
	(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 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, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2291 was passed by the House on May 6,
	2015, by the following vote:  Yeas 144, Nays 0, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 2291 on May 29, 2015, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 2291 on May 31, 2015, by the following vote:  Yeas 143,
	Nays 0, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2291 was passed by the Senate, with
	amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	2291 on May 31, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor