84R5605 JSC-F
By: Frullo, et al. H.B. No. 989
A BILL TO BE ENTITLED
AN ACT
relating to defenses and exceptions to the prosecution of the
criminal offense of the possession, manufacture, transport,
repair, or sale of certain prohibited explosive weapons, firearms,
and related items.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.05(a) and (e), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person intentionally
or knowingly possesses, manufactures, transports, repairs, or
sells:
(1) any of the following items, unless the item is
registered in the National Firearm Registration and Transfer Record
maintained by the Bureau of Alcohol, Tobacco, Firearms and
Explosives or classified as a curio or relic by the United States
Department of Justice:
(A) an explosive weapon;
(B) [(2)] a machine gun;
(C) [(3)] a short-barrel firearm; or
(D) [(4)] a firearm silencer;
(2) [(5)] knuckles;
(3) [(6)] armor-piercing ammunition;
(4) [(7)] a chemical dispensing device;
(5) [(8)] a zip gun; or
(6) [(9)] a tire deflation device.
(e) An offense under Subsection (a)(1), [(2),] (3), (4),
[(6), (7),] or (5) [(8)] is a felony of the third degree. An offense
under Subsection (a)(6) [(a)(9)] is a state jail felony. An
offense under Subsection (a)(2) [(a)(5)] is a Class A misdemeanor.
SECTION 2. Section 46.05(c), Penal Code, is repealed.
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.