Texas 2023 - 88th Regular

Texas House Bill HB902 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4324 AJZ-D
2	2	By: Moody H.B. No. 902
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the transfer of certain firearm magazines
8	8	to certain recipients; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.06(a), Penal Code, is amended to read
11	11	as follows:
12	12	(a) A person commits an offense if the person:
13	13	(1) sells, rents, leases, loans, or gives a handgun to
14	14	any person knowing that the person to whom the handgun is to be
15	15	delivered intends to use it unlawfully or in the commission of an
16	16	unlawful act;
17	17	(2) intentionally or knowingly sells, rents, leases,
18	18	or gives or offers to sell, rent, lease, or give to any child
19	19	younger than 18 years of age any firearm, club, or
20	20	location-restricted knife;
21	21	(3) intentionally, knowingly, or recklessly sells a
22	22	firearm or ammunition for a firearm to any person who is
23	23	intoxicated;
24	24	(4) knowingly sells a firearm or ammunition for a
25	25	firearm to any person who has been convicted of a felony before the
26	26	fifth anniversary of the later of the following dates:
27	27	(A) the person's release from confinement
28	28	following conviction of the felony; or
29	29	(B) the person's release from supervision under
30	30	community supervision, parole, or mandatory supervision following
31	31	conviction of the felony;
32	32	(5) sells, rents, leases, loans, or gives a handgun to
33	33	any person knowing that an active protective order is directed to
34	34	the person to whom the handgun is to be delivered;
35	35	(6) knowingly purchases, rents, leases, or receives as
36	36	a loan or gift from another a handgun while an active protective
37	37	order is directed to the actor; [or]
38	38	(7) while prohibited from possessing a firearm under
39	39	state or federal law, knowingly makes a material false statement on
40	40	a form that is:
41	41	(A) required by state or federal law for the
42	42	purchase, sale, or other transfer of a firearm; and
43	43	(B) submitted to a licensed firearms dealer, as
44	44	defined by 18 U.S.C. Section 923; or
45	45	(8) knowingly purchases a magazine or knowingly
46	46	receives a magazine as a loan or gift from another while the actor
47	47	is prohibited from possessing under state or federal law the type of
48	48	firearm for which the magazine is designed or made.
49	49	SECTION 2. Section 46.06(b), Penal Code, is amended by
50	50	adding Subdivision (3) to read as follows:
51	51	(3) "Magazine" means a detachable ammunition feeding
52	52	device.
53	53	SECTION 3. The change in law made by this Act applies only
54	54	to an offense committed on or after the effective date of this Act.
55	55	An offense committed before the effective date of this Act is
56	56	governed by the law in effect on the date the offense was committed,
57	57	and the former law is continued in effect for that purpose. For
58	58	purposes of this section, an offense was committed before the
59	59	effective date of this Act if any element of the offense occurred
60	60	before that date.
61	61	SECTION 4. This Act takes effect September 1, 2023.