86R1308 JRR-D
By: Moody H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of engaging in certain
conduct with respect to certain instruments designed, made, or
adapted for use in striking a person with a fist.
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;
(3) [(4)] a chemical dispensing device;
(4) [(5)] a zip gun;
(5) [(6)] a tire deflation device; [or]
(6) [(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; or
(7) an improvised explosive device.
(e) Except as otherwise provided by this subsection, an [An]
offense under this section [Subsection (a)(1), (3), (4), (5), or
(7)] is a felony of the third degree. An offense under Subsection
(a)(5) [(a)(6)] is a state jail felony. [An offense under
Subsection (a)(2) is a Class A misdemeanor.]
SECTION 2. Section 46.01(8), Penal Code, is repealed.
SECTION 3. The changes in law made by this Act apply 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 when 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. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act takes effect September 1, 2019.