By: Alvarado, et al. H.B. No. 913
(Senate Sponsor - Taylor of Galveston)
(In the Senate - Received from the House May 4, 2017;
May 15, 2017, read first time and referred to Committee on Criminal
Justice; May 19, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offense of the
possession, manufacture, transport, repair, or sale of certain
prohibited explosive weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Improvised explosive device" means a completed
and operational bomb designed to cause serious bodily injury,
death, or substantial property damage that is fabricated in an
improvised manner using nonmilitary components. The term does not
include:
(A) unassembled components that can be legally
purchased and possessed without a license, permit, or other
governmental approval; or
(B) an exploding target that is used for firearms
practice, sold in kit form, and contains the components of a binary
explosive.
SECTION 2. 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 Firearms 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) a machine gun;
(C) a short-barrel firearm; or
(D) a firearm silencer;
(2) knuckles;
(3) armor-piercing ammunition;
(4) a chemical dispensing device;
(5) a zip gun; [or]
(6) a tire deflation device; or
(7) an improvised explosive device.
(e) An offense under Subsection (a)(1), (3), (4), [or] (5),
or (7) is a felony of the third degree. An offense under Subsection
(a)(6) is a state jail felony. An offense under Subsection (a)(2)
is a Class A misdemeanor.
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, 2017.
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