1 | | - | By: Alvarado, et al. H.B. No. 913 |
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2 | | - | (Senate Sponsor - Taylor of Galveston) |
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3 | | - | (In the Senate - Received from the House May 4, 2017; |
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4 | | - | May 15, 2017, read first time and referred to Committee on Criminal |
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5 | | - | Justice; May 19, 2017, reported favorably by the following vote: |
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6 | | - | Yeas 8, Nays 0; May 19, 2017, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 913 |
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11 | 4 | | AN ACT |
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12 | 5 | | relating to the prosecution of the criminal offense of the |
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13 | 6 | | possession, manufacture, transport, repair, or sale of certain |
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14 | 7 | | prohibited explosive weapons. |
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15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 9 | | SECTION 1. Section 46.01, Penal Code, is amended by adding |
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17 | 10 | | Subdivision (18) to read as follows: |
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18 | 11 | | (18) "Improvised explosive device" means a completed |
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19 | 12 | | and operational bomb designed to cause serious bodily injury, |
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20 | 13 | | death, or substantial property damage that is fabricated in an |
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21 | 14 | | improvised manner using nonmilitary components. The term does not |
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22 | 15 | | include: |
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23 | 16 | | (A) unassembled components that can be legally |
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24 | 17 | | purchased and possessed without a license, permit, or other |
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25 | 18 | | governmental approval; or |
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26 | 19 | | (B) an exploding target that is used for firearms |
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27 | 20 | | practice, sold in kit form, and contains the components of a binary |
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28 | 21 | | explosive. |
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29 | 22 | | SECTION 2. Sections 46.05(a) and (e), Penal Code, are |
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30 | 23 | | amended to read as follows: |
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31 | 24 | | (a) A person commits an offense if the person intentionally |
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32 | 25 | | or knowingly possesses, manufactures, transports, repairs, or |
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33 | 26 | | sells: |
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34 | 27 | | (1) any of the following items, unless the item is |
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35 | 28 | | registered in the National Firearms Registration and Transfer |
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36 | 29 | | Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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37 | 30 | | Explosives or classified as a curio or relic by the United States |
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38 | 31 | | Department of Justice: |
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39 | 32 | | (A) an explosive weapon; |
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40 | 33 | | (B) a machine gun; |
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41 | 34 | | (C) a short-barrel firearm; or |
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42 | 35 | | (D) a firearm silencer; |
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43 | 36 | | (2) knuckles; |
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44 | 37 | | (3) armor-piercing ammunition; |
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45 | 38 | | (4) a chemical dispensing device; |
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46 | 39 | | (5) a zip gun; [or] |
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47 | 40 | | (6) a tire deflation device; or |
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48 | 41 | | (7) an improvised explosive device. |
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49 | 42 | | (e) An offense under Subsection (a)(1), (3), (4), [or] (5), |
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50 | 43 | | or (7) is a felony of the third degree. An offense under Subsection |
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51 | 44 | | (a)(6) is a state jail felony. An offense under Subsection (a)(2) |
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52 | 45 | | is a Class A misdemeanor. |
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53 | 46 | | SECTION 3. The change in law made by this Act applies only |
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54 | 47 | | to an offense committed on or after the effective date of this Act. |
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55 | 48 | | An offense committed before the effective date of this Act is |
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56 | 49 | | governed by the law in effect on the date the offense was committed, |
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57 | 50 | | and the former law is continued in effect for that purpose. For |
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58 | 51 | | purposes of this section, an offense was committed before the |
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59 | 52 | | effective date of this Act if any element of the offense occurred |
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60 | 53 | | before that date. |
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61 | 54 | | SECTION 4. This Act takes effect September 1, 2017. |
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62 | | - | * * * * * |
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| 55 | + | ______________________________ ______________________________ |
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| 56 | + | President of the Senate Speaker of the House |
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| 57 | + | I certify that H.B. No. 913 was passed by the House on May 3, |
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| 58 | + | 2017, by the following vote: Yeas 137, Nays 9, 2 present, not |
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| 59 | + | voting. |
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| 60 | + | ______________________________ |
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| 61 | + | Chief Clerk of the House |
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| 62 | + | I certify that H.B. No. 913 was passed by the Senate on May |
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| 63 | + | 24, 2017, by the following vote: Yeas 31, Nays 0. |
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| 64 | + | ______________________________ |
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| 65 | + | Secretary of the Senate |
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| 66 | + | APPROVED: _____________________ |
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| 67 | + | Date |
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| 68 | + | _____________________ |
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| 69 | + | Governor |
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