| 1 | 1 | | 87R1391 TSS-D |
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| 2 | 2 | | By: Meza H.B. No. 178 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating a criminal offense for the unlawful possession |
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| 8 | 8 | | or transfer of a large-capacity magazine. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 46, Penal Code, is amended by adding |
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| 11 | 11 | | Section 46.056 to read as follows: |
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| 12 | 12 | | Sec. 46.056. UNLAWFUL POSSESSION OR TRANSFER OF |
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| 13 | 13 | | LARGE-CAPACITY MAGAZINE. (a) In this section, "large-capacity |
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| 14 | 14 | | magazine" means a detachable ammunition feeding device that has the |
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| 15 | 15 | | capacity to accept, or can be readily converted to accept, more than |
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| 16 | 16 | | 10 rounds. The term does not include: |
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| 17 | 17 | | (1) a .22 caliber tube ammunition feeding device; |
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| 18 | 18 | | (2) a tubular magazine that is contained in a |
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| 19 | 19 | | lever-action firearm; |
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| 20 | 20 | | (3) an ammunition feeding device that has been |
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| 21 | 21 | | permanently disabled from accepting more than 10 rounds; or |
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| 22 | 22 | | (4) a magazine that has been rendered permanently |
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| 23 | 23 | | inoperable. |
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| 24 | 24 | | (b) A person commits an offense if the person knowingly: |
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| 25 | 25 | | (1) possesses a large-capacity magazine; or |
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| 26 | 26 | | (2) sells, rents, leases, loans, gives, or otherwise |
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| 27 | 27 | | transfers a large-capacity magazine to another person. |
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| 28 | 28 | | (c) An offense under this section is a Class A misdemeanor. |
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| 29 | 29 | | (d) It is a defense to prosecution under this section that |
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| 30 | 30 | | the actor engaged in the conduct while engaged in the actual |
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| 31 | 31 | | discharge of official duties, or directly en route to or from the |
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| 32 | 32 | | person's place of assignment, as: |
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| 33 | 33 | | (1) a peace officer; or |
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| 34 | 34 | | (2) a member of the armed forces or state military |
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| 35 | 35 | | forces as defined by Section 431.001, Government Code. |
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| 36 | 36 | | (e) It is a defense to prosecution under Subsection (b)(1) |
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| 37 | 37 | | that the actor lawfully possessed the large-capacity magazine on |
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| 38 | 38 | | August 31, 2021. |
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| 39 | 39 | | (f) If conduct that constitutes an offense under this |
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| 40 | 40 | | section also constitutes an offense under any other law, the actor |
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| 41 | 41 | | may be prosecuted under this section, the other law, or both. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2021. |
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