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1 | + | 89R1737 MZM-F | |
2 | 2 | By: Guillen H.B. No. 214 | |
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4 | - | ||
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5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to the prosecution of the criminal offenses of firearm and | |
10 | 10 | ammunition smuggling and terrorism. | |
11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
12 | 12 | SECTION 1. The heading to Section 46.14, Penal Code, is | |
13 | 13 | amended to read as follows: | |
14 | 14 | Sec. 46.14. FIREARM AND AMMUNITION SMUGGLING. | |
15 | 15 | SECTION 2. Section 46.14(a), Penal Code, is amended to read | |
16 | 16 | as follows: | |
17 | 17 | (a) A person commits an offense if the person knowingly | |
18 | 18 | engages in the business of transporting or transferring a firearm | |
19 | 19 | or ammunition for a firearm that the person knows was acquired in | |
20 | 20 | violation of the laws of any state or of the United States. For | |
21 | 21 | purposes of this subsection, a person is considered to engage in the | |
22 | 22 | business of transporting or transferring a firearm or ammunition | |
23 | 23 | for a firearm if the person engages in that conduct: | |
24 | 24 | (1) on more than one occasion; or | |
25 | 25 | (2) for profit or any other form of remuneration. | |
26 | 26 | SECTION 3. Section 76.02(a), Penal Code, is amended to read | |
27 | 27 | as follows: | |
28 | 28 | (a) A person commits an offense if the person: | |
29 | 29 | (1) commits or conspires to commit an offense under: | |
30 | - | (A) Chapter 19; | |
31 | - | (B) Section 20.02; | |
32 | - | (C) Section 20.03; | |
33 | - | (D) Section 20.04; | |
34 | - | (E) Section 20.06; | |
35 | - | (F) [(D)] Section 20A.02; | |
36 | - | (G) [(E)] Section 22.02; | |
37 | - | (H) [(F)] Section 22.021; | |
38 | - | (I) [(G)] Section 22.05, if punishable as a | |
30 | + | (A) Chapter 16; | |
31 | + | (B) Chapter 19; | |
32 | + | (C) [(B)] Section 20.02; | |
33 | + | (D) [(C)] Section 20.03; | |
34 | + | (E) Section 20.04; | |
35 | + | (F) Section 20.05; | |
36 | + | (G) Section 20.06; | |
37 | + | (H) [(D)] Section 20A.02; | |
38 | + | (I) [(E)] Section 22.02; | |
39 | + | (J) [(F)] Section 22.021; | |
40 | + | (K) [(G)] Section 22.05, if punishable as a | |
39 | 41 | felony; | |
40 | - | ( | |
42 | + | (L) [(H)] Section 22.07, if punishable as a | |
41 | 43 | felony; | |
42 | - | (K) [(I)] Section 22.09; | |
43 | - | (L) [(J)] Section 28.02; | |
44 | - | (M) Section 28.03, if the offense was committed | |
45 | - | using a firearm or explosive weapon, as those terms are defined by | |
46 | - | Section 46.01; | |
47 | - | (N) [(K)] Section 28.07, if punishable as a | |
44 | + | (M) [(I)] Section 22.09; | |
45 | + | (N) Section 22.11; | |
46 | + | (O) [(J)] Section 28.02; | |
47 | + | (P) Section 28.03; | |
48 | + | (Q) [(K)] Section 28.07, if punishable as a | |
48 | 49 | felony; | |
49 | - | (O) [(L)] Section 29.03; | |
50 | - | (P) Section 32.43; | |
51 | - | (Q) Section 32.51, if punishable as a felony of | |
52 | - | the third degree or any higher category of offense; | |
53 | - | (R) Section 33.02; | |
54 | - | (S) Chapter 33A; | |
55 | - | (T) Section 37.11(a), if the public servant the | |
56 | - | actor impersonates or conspires to impersonate is a peace officer; | |
57 | - | (U) [(M)] Section 38.152, if punishable as a | |
50 | + | (R) [(L)] Section 29.03; | |
51 | + | (S) Section 30.05; | |
52 | + | (T) Section 32.43; | |
53 | + | (U) Section 32.51; | |
54 | + | (V) Section 33.02; | |
55 | + | (W) Chapter 33A; | |
56 | + | (X) Section 37.11; | |
57 | + | (Y) Section 37.12; | |
58 | + | (Z) Section 38.05; | |
59 | + | (AA) Section 38.14; | |
60 | + | (BB) [(M)] Section 38.152, if punishable as a | |
58 | 61 | felony; [or] | |
59 | - | (V) Section 46.05(a)(1)(A), (a)(1)(B), or | |
60 | - | (a)(6); | |
61 | - | (W) [(N)] Section 46.08; | |
62 | - | (X) Section 46.09; or | |
63 | - | (Y) Section 46.14; and | |
62 | + | (CC) Section 42.062; | |
63 | + | (DD) Section 42.14; | |
64 | + | (EE) Section 46.05; | |
65 | + | (FF) [(N)] Section 46.08; | |
66 | + | (GG) Section 46.09; | |
67 | + | (HH) Section 46.14; | |
68 | + | (II) Section 50.02; or | |
69 | + | (JJ) Section 71.02; and | |
64 | 70 | (2) commits or conspires to commit that offense with | |
65 | 71 | the intent to: | |
66 | 72 | (A) intimidate or coerce the public or a | |
67 | 73 | substantial group of the public; or | |
68 | 74 | (B) influence, by intimidation or coercion, the | |
69 | 75 | policy, conduct, or activities of this state, a political | |
70 | 76 | subdivision of this state, or the United States. | |
71 | 77 | SECTION 4. The change in law made by this Act applies only | |
72 | 78 | to an offense committed on or after the effective date of this Act. | |
73 | 79 | An offense committed before the effective date of this Act is | |
74 | 80 | governed by the law in effect on the date the offense was committed, | |
75 | 81 | and the former law is continued in effect for that purpose. For | |
76 | 82 | purposes of this section, an offense was committed before the | |
77 | 83 | effective date of this Act if any element of the offense occurred | |
78 | 84 | before that date. | |
79 | 85 | SECTION 5. This Act takes effect September 1, 2025. |