| 1 | 1 | | 88R7841 SHH-D |
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| 2 | 2 | | By: West S.B. No. 682 |
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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 the prosecution of the criminal offense of the |
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| 8 | 8 | | possession, manufacture, transport, repair, or sale of certain |
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| 9 | 9 | | devices intended to modify firearms. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 46.05, Penal Code, is amended by |
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| 12 | 12 | | amending Subsections (a) and (e) and adding Subsections (e-1) and |
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| 13 | 13 | | (e-2) to read as follows: |
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| 14 | 14 | | (a) A person commits an offense if the person intentionally |
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| 15 | 15 | | or knowingly possesses, manufactures, transports, repairs, or |
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| 16 | 16 | | sells: |
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| 17 | 17 | | (1) any of the following items, unless the item is |
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| 18 | 18 | | registered in the National Firearms Registration and Transfer |
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| 19 | 19 | | Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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| 20 | 20 | | Explosives or otherwise not subject to that registration |
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| 21 | 21 | | requirement or unless the item is classified as a curio or relic by |
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| 22 | 22 | | the United States Department of Justice: |
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| 23 | 23 | | (A) an explosive weapon; |
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| 24 | 24 | | (B) a machine gun; or |
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| 25 | 25 | | (C) a short-barrel firearm; |
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| 26 | 26 | | (2) armor-piercing ammunition; |
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| 27 | 27 | | (3) a chemical dispensing device; |
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| 28 | 28 | | (4) a zip gun; |
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| 29 | 29 | | (5) a tire deflation device; [or] |
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| 30 | 30 | | (6) an improvised explosive device; or |
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| 31 | 31 | | (7) a device that is designed and intended to: |
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| 32 | 32 | | (A) make a handgun capable of automatically |
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| 33 | 33 | | shooting more than one shot, without manual reloading, by a single |
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| 34 | 34 | | function of the trigger; or |
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| 35 | 35 | | (B) increase the rate of fire of a semiautomatic |
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| 36 | 36 | | rifle but that does not convert the semiautomatic rifle into a |
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| 37 | 37 | | machine gun. |
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| 38 | 38 | | (e) Except as [otherwise] provided by Subsections (e-1) and |
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| 39 | 39 | | (e-2) [this subsection], an offense under this section is a felony |
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| 40 | 40 | | of the third degree. |
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| 41 | 41 | | (e-1) An offense under Subsection (a)(5) is a state jail |
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| 42 | 42 | | felony. |
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| 43 | 43 | | (e-2) An offense under Subsection (a)(7) is a state jail |
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| 44 | 44 | | felony, except that the offense is a felony of the third degree if |
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| 45 | 45 | | it is shown on the trial of the offense that the defendant has been |
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| 46 | 46 | | previously convicted of an offense under that subdivision. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 49 | 49 | | An offense committed before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the offense was committed, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. For |
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| 52 | 52 | | purposes of this section, an offense was committed before the |
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| 53 | 53 | | effective date of this Act if any element of the offense occurred |
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| 54 | 54 | | before that date. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2023. |
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