86R106 LHC-D
By: Blanco H.B. No. 349
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
parts designed to increase the rate of fire of a semiautomatic
rifle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.05(a) and (e), Penal Code, as
amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the
85th Legislature, Regular Session, 2017, are reenacted and 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 otherwise not subject to that registration
requirement or unless the item is classified as a curio or relic by
the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun; or
(C) a short-barrel firearm;
(2) knuckles;
(3) armor-piercing ammunition;
(4) a chemical dispensing device;
(5) a zip gun;
(6) a tire deflation device; [or]
(7) a firearm silencer, unless the firearm silencer is
classified as a curio or relic by the United States Department of
Justice or the actor otherwise possesses, manufactures,
transports, repairs, or sells the firearm silencer in compliance
with federal law;
(8) [(7)] an improvised explosive device; or
(9) a part or combination of parts that is designed and
functions to increase the rate of fire of a semiautomatic rifle but
does not convert the semiautomatic rifle into a machine gun.
(e) An offense under Subsection (a)(1), (3), (4), (5), [or]
(7), or (8) is a felony of the third degree. An offense under
Subsection (a)(6) is a state jail felony. An offense under
Subsection (a)(2) or (9) is a Class A misdemeanor.
SECTION 2. To the extent of any conflict, this Act controls
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
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, 2019.