Texas 2025 - 89th Regular

Texas House Bill HB443 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4714 AJZ-D
2	2	By: Meza H.B. No. 443
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to creating a criminal offense for the unlawful possession
10	10	or transfer of an assault weapon.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 46, Penal Code, is amended by adding
13	13	Section 46.055 to read as follows:
14	14	Sec. 46.055. UNLAWFUL POSSESSION OR TRANSFER OF ASSAULT
15	15	WEAPON. (a) In this section, "assault weapon" means:
16	16	(1) a semiautomatic centerfire rifle that has the
17	17	capacity to accept a detachable magazine that has:
18	18	(A) a pistol grip that protrudes conspicuously
19	19	beneath the action of the firearm;
20	20	(B) a folding or telescoping stock;
21	21	(C) a thumbhole stock;
22	22	(D) a second handgrip or a protruding grip that
23	23	can be held by the non-trigger hand;
24	24	(E) a flash suppressor; or
25	25	(F) a grenade launcher or flare launcher;
26	26	(2) a semiautomatic centerfire rifle that has a fixed
27	27	magazine that holds more than 10 rounds of ammunition;
28	28	(3) a semiautomatic centerfire rifle that has an
29	29	overall length of less than 30 inches;
30	30	(4) a semiautomatic shotgun that has the capacity to
31	31	accept a detachable magazine;
32	32	(5) a semiautomatic shotgun that has a folding or
33	33	telescoping stock and has:
34	34	(A) a thumbhole stock; or
35	35	(B) a second handgrip or a protruding grip that
36	36	can be held by the non-trigger hand;
37	37	(6) a semiautomatic pistol that has the capacity to
38	38	accept a detachable magazine and has:
39	39	(A) a second handgrip or a protruding grip that
40	40	can be held by the non-trigger hand;
41	41	(B) an ammunition magazine that attaches to the
42	42	pistol outside of the pistol grip;
43	43	(C) a threaded barrel capable of accepting a
44	44	flash suppressor, forward handgrip, or silencer; or
45	45	(D) a shroud that is attached to or partially or
46	46	completely encircles the barrel and that permits the shooter to
47	47	hold the firearm with the non-trigger hand without being burned;
48	48	(7) a semiautomatic pistol that has a fixed magazine
49	49	that holds more than 10 rounds of ammunition;
50	50	(8) a revolving cylinder shotgun; or
51	51	(9) a conversion kit, part, or combination of parts
52	52	from which an assault weapon can be assembled or with which a
53	53	firearm may be converted into a weapon described by Subdivision
54	54	(1), (2), (3), (4), (5), (6), (7), or (8).
55	55	(b) For purposes of this section, "assault weapon" does not
56	56	include any rifle, shotgun, or pistol that has been rendered
57	57	permanently inoperable.
58	58	(c) A person commits an offense if the person knowingly:
59	59	(1) possesses an assault weapon; or
60	60	(2) sells, offers to sell, or otherwise transfers an
61	61	assault weapon.
62	62	(d) An offense under this section is a Class A misdemeanor.
63	63	(e) It is a defense to prosecution under this section that
64	64	the actor engaged in the conduct while engaged in the actual
65	65	discharge of official duties, or directly en route to or from the
66	66	person's place of assignment, as:
67	67	(1) a peace officer; or
68	68	(2) a member of the armed forces or state military
69	69	forces as defined by Section 431.001, Government Code.
70	70	(f) It is a defense to prosecution under Subsection (c)(1)
71	71	that the actor lawfully possessed the assault weapon on August 31,
72	72	2025.
73	73	(g) If conduct that constitutes an offense under this
74	74	section also constitutes an offense under any other law, the actor
75	75	may be prosecuted under this section, the other law, or both.
76	76	SECTION 2. Section 5.141(a), Alcoholic Beverage Code, is
77	77	amended to read as follows:
78	78	(a) A commissioned inspector or representative of the
79	79	commission may purchase for an amount set by the commission, not to
80	80	exceed fair market value, a firearm issued to the inspector or
81	81	representative by the commission if:
82	82	(1) the firearm is not:
83	83	(A) listed as a prohibited weapon under Section
84	84	46.05, Penal Code; or
85	85	(B) an assault weapon as defined by Section
86	86	46.055, Penal Code;[,] and
87	87	(2) [if] the firearm is retired by the commission for
88	88	replacement purposes.
89	89	SECTION 3. Article 15.27(h), Code of Criminal Procedure, is
90	90	amended to read as follows:
91	91	(h) This article applies to any felony offense and the
92	92	following misdemeanors:
93	93	(1) an offense under Section 20.02, 21.08, 22.01,
94	94	22.05, 22.07, or 71.02, Penal Code;
95	95	(2) the unlawful use, sale, or possession of a
96	96	controlled substance, drug paraphernalia, or marihuana, as defined
97	97	by Chapter 481, Health and Safety Code; or
98	98	(3) the unlawful possession of any of the weapons or
99	99	devices listed in Sections 46.01(1)-(14) or Section 46.01(16)
100	100	[(16)], Penal Code, [or] a weapon listed as a prohibited weapon
101	101	under Section 46.05, Penal Code, or an assault weapon as defined by
102	102	Section 46.055, Penal Code.
103	103	SECTION 4. The heading to Article 18.18, Code of Criminal
104	104	Procedure, is amended to read as follows:
105	105	Art. 18.18. DISPOSITION OF GAMBLING PARAPHERNALIA,
106	106	PROHIBITED WEAPON, ASSAULT WEAPON, CRIMINAL INSTRUMENT, AND OTHER
107	107	CONTRABAND.
108	108	SECTION 5. Articles 18.18(a), (b), (e), (f), and (g), Code
109	109	of Criminal Procedure, are amended to read as follows:
110	110	(a) Following the final conviction of a person for
111	111	possession of a gambling device or equipment, altered gambling
112	112	equipment, or gambling paraphernalia, for an offense involving a
113	113	criminal instrument, for an offense involving an obscene device or
114	114	material, for an offense involving child pornography, or for an
115	115	offense involving a scanning device or re-encoder, the court
116	116	entering the judgment of conviction shall order that the machine,
117	117	device, gambling equipment or gambling paraphernalia, instrument,
118	118	obscene device or material, child pornography, or scanning device
119	119	or re-encoder be destroyed or forfeited to the state. Not later than
120	120	the 30th day after the final conviction of a person for an offense
121	121	involving a prohibited weapon or an assault weapon, the court
122	122	entering the judgment of conviction on its own motion, on the motion
123	123	of the prosecuting attorney in the case, or on the motion of the law
124	124	enforcement agency initiating the complaint on notice to the
125	125	prosecuting attorney in the case if the prosecutor fails to move for
126	126	the order shall order that the prohibited weapon or assault weapon
127	127	be destroyed or forfeited to the law enforcement agency that
128	128	initiated the complaint. If the court fails to enter the order
129	129	within the time required by this subsection, any magistrate in the
130	130	county in which the offense occurred may enter the order. Following
131	131	the final conviction of a person for an offense involving dog
132	132	fighting, the court entering the judgment of conviction shall order
133	133	that any dog-fighting equipment be destroyed or forfeited to the
134	134	state. Destruction of dogs, if necessary, must be carried out by a
135	135	veterinarian licensed in this state or, if one is not available, by
136	136	trained personnel of a humane society or an animal shelter. If
137	137	forfeited, the court shall order the contraband delivered to the
138	138	state, any political subdivision of the state, or to any state
139	139	institution or agency. If gambling proceeds were seized, the court
140	140	shall order them forfeited to the state and shall transmit them to
141	141	the grand jury of the county in which they were seized for use in
142	142	investigating alleged violations of the Penal Code, or to the
143	143	state, any political subdivision of the state, or to any state
144	144	institution or agency.
145	145	(b) If there is no prosecution or conviction following
146	146	seizure, the magistrate to whom the return was made shall notify in
147	147	writing the person found in possession of the alleged gambling
148	148	device or equipment, altered gambling equipment or gambling
149	149	paraphernalia, gambling proceeds, prohibited weapon, assault
150	150	weapon, obscene device or material, child pornography, scanning
151	151	device or re-encoder, criminal instrument, or dog-fighting
152	152	equipment to show cause why the property seized should not be
153	153	destroyed or the proceeds forfeited. The magistrate, on the motion
154	154	of the law enforcement agency seizing a prohibited weapon or an
155	155	assault weapon, shall order the weapon destroyed or forfeited to
156	156	the law enforcement agency seizing the weapon, unless a person
157	157	shows cause as to why the prohibited weapon or assault weapon should
158	158	not be destroyed or forfeited. A law enforcement agency shall make a
159	159	motion under this section in a timely manner after the time at which
160	160	the agency is informed in writing by the attorney representing the
161	161	state that no prosecution will arise from the seizure.
162	162	(e) Any person interested in the alleged gambling device or
163	163	equipment, altered gambling equipment or gambling paraphernalia,
164	164	gambling proceeds, prohibited weapon, assault weapon, obscene
165	165	device or material, child pornography, scanning device or
166	166	re-encoder, criminal instrument, or dog-fighting equipment seized
167	167	must appear before the magistrate on the 20th day following the date
168	168	the notice was mailed or posted. Failure to timely appear forfeits
169	169	any interest the person may have in the property or proceeds seized,
170	170	and no person after failing to timely appear may contest
171	171	destruction or forfeiture.
172	172	(f) If a person timely appears to show cause why the
173	173	property or proceeds should not be destroyed or forfeited, the
174	174	magistrate shall conduct a hearing on the issue and determine the
175	175	nature of property or proceeds and the person's interest therein.
176	176	Unless the person proves by a preponderance of the evidence that the
177	177	property or proceeds is not gambling equipment, altered gambling
178	178	equipment, gambling paraphernalia, gambling device, gambling
179	179	proceeds, prohibited weapon, assault weapon, obscene device or
180	180	material, child pornography, criminal instrument, scanning device
181	181	or re-encoder, or dog-fighting equipment and that he is entitled to
182	182	possession, the magistrate shall dispose of the property or
183	183	proceeds in accordance with Paragraph (a) of this article.
184	184	(g) For purposes of this article:
185	185	(1) "criminal instrument" has the meaning defined in
186	186	the Penal Code;
187	187	(2) "gambling device or equipment, altered gambling
188	188	equipment or gambling paraphernalia" has the meaning defined in the
189	189	Penal Code;
190	190	(3) "prohibited weapon" has the meaning defined in the
191	191	Penal Code;
192	192	(4) "dog-fighting equipment" means:
193	193	(A) equipment used for training or handling a
194	194	fighting dog, including a harness, treadmill, cage, decoy, pen,
195	195	house for keeping a fighting dog, feeding apparatus, or training
196	196	pen;
197	197	(B) equipment used for transporting a fighting
198	198	dog, including any automobile, or other vehicle, and its
199	199	appurtenances which are intended to be used as a vehicle for
200	200	transporting a fighting dog;
201	201	(C) equipment used to promote or advertise an
202	202	exhibition of dog fighting, including a printing press or similar
203	203	equipment, paper, ink, or photography equipment; or
204	204	(D) a dog trained, being trained, or intended to
205	205	be used to fight with another dog;
206	206	(5) "obscene device" and "obscene" have the meanings
207	207	assigned by Section 43.21, Penal Code;
208	208	(6) "re-encoder" has the meaning assigned by Section
209	209	522.001, Business & Commerce Code;
210	210	(7) "scanning device" has the meaning assigned by
211	211	Section 522.001, Business & Commerce Code; [and]
212	212	(8) "obscene material" and "child pornography"
213	213	include digital images and the media and equipment on which those
214	214	images are stored; and
215	215	(9) "assault weapon" has the meaning assigned by
216	216	Section 46.055, Penal Code.
217	217	SECTION 6. Articles 18.19(a) and (d), Code of Criminal
218	218	Procedure, are amended to read as follows:
219	219	(a) Weapons seized in connection with an offense involving
220	220	the use of a weapon or an offense under Chapter 46, Penal Code,
221	221	[Chapter 46] shall be held by the law enforcement agency making the
222	222	seizure, subject to the following provisions, unless:
223	223	(1) the weapon is a prohibited weapon identified in
224	224	[Penal Code] Chapter 46, Penal Code, or an assault weapon as defined
225	225	by Section 46.055, Penal Code, in which event Article 18.18 of this
226	226	code applies; or
227	227	(2) the weapon is alleged to be stolen property, in
228	228	which event Chapter 47 of this code applies.
229	229	(d) A person either convicted or receiving deferred
230	230	adjudication under Chapter 46, Penal Code, is entitled to the
231	231	weapon seized upon request to the court in which the person was
232	232	convicted or placed on deferred adjudication. However, the court
233	233	entering the judgment shall order the weapon destroyed, sold at
234	234	public sale by the law enforcement agency holding the weapon or by
235	235	an auctioneer licensed under Chapter 1802, Occupations Code, or
236	236	forfeited to the state for use by the law enforcement agency holding
237	237	the weapon or by a county forensic laboratory designated by the
238	238	court if:
239	239	(1) the person does not request the weapon before the
240	240	61st day after the date of the judgment of conviction or the order
241	241	placing the person on deferred adjudication;
242	242	(2) the person has been previously convicted under
243	243	Chapter 46, Penal Code;
244	244	(3) the weapon is one defined as a prohibited weapon or
245	245	an assault weapon under Chapter 46, Penal Code;
246	246	(4) the offense for which the person is convicted or
247	247	receives deferred adjudication was committed in or on the premises
248	248	of a playground, school, video arcade facility, or youth center, as
249	249	those terms are defined by Section 481.134, Health and Safety Code;
250	250	or
251	251	(5) the court determines based on the prior criminal
252	252	history of the defendant or based on the circumstances surrounding
253	253	the commission of the offense that possession of the seized weapon
254	254	would pose a threat to the community or one or more individuals.
255	255	SECTION 7. Section 37.005(c), Education Code, is amended to
256	256	read as follows:
257	257	(c) A student who is enrolled in a grade level below grade
258	258	three may not be placed in out-of-school suspension unless while on
259	259	school property or while attending a school-sponsored or
260	260	school-related activity on or off of school property, the student
261	261	engages in:
262	262	(1) conduct that contains the elements of an offense
263	263	related to weapons under Section 46.02, [or] 46.05, or 46.055,
264	264	Penal Code;
265	265	(2) conduct that contains the elements of a violent
266	266	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
267	267	or
268	268	(3) selling, giving, or delivering to another person
269	269	or possessing, using, or being under the influence of any amount of:
270	270	(A) marihuana or a controlled substance, as
271	271	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
272	272	Section 801 et seq.;
273	273	(B) a dangerous drug, as defined by Chapter 483,
274	274	Health and Safety Code; or
275	275	(C) an alcoholic beverage, as defined by Section
276	276	1.04, Alcoholic Beverage Code.
277	277	SECTION 8. Section 37.007(a), Education Code, is amended to
278	278	read as follows:
279	279	(a) Except as provided by Subsection (k) and subject to the
280	280	requirements of Section 37.009(a), a student shall be expelled from
281	281	a school if the student, on school property or while attending a
282	282	school-sponsored or school-related activity on or off of school
283	283	property:
284	284	(1) engages in conduct that contains the elements of
285	285	the offense of unlawfully carrying weapons under Section 46.02,
286	286	Penal Code, [or] elements of an offense relating to prohibited
287	287	weapons under Section 46.05, Penal Code, or elements of an offense
288	288	relating to assault weapons under Section 46.055, Penal Code;
289	289	(2) engages in conduct that contains the elements of
290	290	the offense of:
291	291	(A) aggravated assault under Section 22.02,
292	292	Penal Code, sexual assault under Section 22.011, Penal Code, or
293	293	aggravated sexual assault under Section 22.021, Penal Code;
294	294	(B) arson under Section 28.02, Penal Code;
295	295	(C) murder under Section 19.02, Penal Code,
296	296	capital murder under Section 19.03, Penal Code, or criminal
297	297	attempt, under Section 15.01, Penal Code, to commit murder or
298	298	capital murder;
299	299	(D) indecency with a child under Section 21.11,
300	300	Penal Code;
301	301	(E) aggravated kidnapping under Section 20.04,
302	302	Penal Code;
303	303	(F) aggravated robbery under Section 29.03,
304	304	Penal Code;
305	305	(G) manslaughter under Section 19.04, Penal
306	306	Code;
307	307	(H) criminally negligent homicide under Section
308	308	19.05, Penal Code; or
309	309	(I) continuous sexual abuse of young child or
310	310	disabled individual under Section 21.02, Penal Code; or
311	311	(3) engages in conduct specified by Section
312	312	37.006(a)(2)(C), if the conduct is punishable as a felony.
313	313	SECTION 9. Section 411.020(a), Government Code, is amended
314	314	to read as follows:
315	315	(a) A commissioned officer of the department may purchase
316	316	for an amount set by the department, not to exceed fair market
317	317	value, a firearm issued to the officer by the department if:
318	318	(1) the firearm is not:
319	319	(A) listed as a prohibited weapon under Section
320	320	46.05, Penal Code; or
321	321	(B) an assault weapon as defined by Section
322	322	46.055, Penal Code;[,] and
323	323	(2) [if] the firearm is retired by the department for
324	324	replacement purposes.
325	325	SECTION 10. Section 614.051(a), Government Code, is amended
326	326	to read as follows:
327	327	(a) An individual may purchase a firearm from a governmental
328	328	entity if:
329	329	(1) the individual was a peace officer commissioned by
330	330	the entity;
331	331	(2) the individual was honorably retired from the
332	332	individual's commission by the entity;
333	333	(3) the firearm had been previously issued to the
334	334	individual by the entity; and
335	335	(4) the firearm is not a prohibited weapon under
336	336	Section 46.05, Penal Code, or an assault weapon as defined by
337	337	Section 46.055, Penal Code.
338	338	SECTION 11. Section 614.052(a), Government Code, is amended
339	339	to read as follows:
340	340	(a) An individual listed under Subsection (b) may purchase a
341	341	firearm from a governmental entity if:
342	342	(1) the firearm had been previously issued by the
343	343	entity to a peace officer commissioned by the entity who died while
344	344	commissioned, without regard to whether the officer died while
345	345	discharging the officer's official duties; and
346	346	(2) the firearm is not a prohibited weapon under
347	347	Section 46.05, Penal Code, or an assault weapon as defined by
348	348	Section 46.055, Penal Code.
349	349	SECTION 12. Section 11.0193(a), Parks and Wildlife Code, is
350	350	amended to read as follows:
351	351	(a) An employee commissioned by the director as a peace
352	352	officer may purchase for an amount set by the department, not to
353	353	exceed fair market value, a firearm issued to the person by the
354	354	department if:
355	355	(1) the firearm is not:
356	356	(A) listed as a prohibited weapon under Section
357	357	46.05, Penal Code; or
358	358	(B) an assault weapon as defined by Section
359	359	46.055, Penal Code; and
360	360	(2) the firearm is retired by the department for
361	361	replacement purposes.
362	362	SECTION 13. Section 9.31(b), Penal Code, is amended to read
363	363	as follows:
364	364	(b) The use of force against another is not justified:
365	365	(1) in response to verbal provocation alone;
366	366	(2) to resist an arrest or search that the actor knows
367	367	is being made by a peace officer, or by a person acting in a peace
368	368	officer's presence and at his direction, even though the arrest or
369	369	search is unlawful, unless the resistance is justified under
370	370	Subsection (c);
371	371	(3) if the actor consented to the exact force used or
372	372	attempted by the other;
373	373	(4) if the actor provoked the other's use or attempted
374	374	use of unlawful force, unless:
375	375	(A) the actor abandons the encounter, or clearly
376	376	communicates to the other his intent to do so reasonably believing
377	377	he cannot safely abandon the encounter; and
378	378	(B) the other nevertheless continues or attempts
379	379	to use unlawful force against the actor; or
380	380	(5) if the actor sought an explanation from or
381	381	discussion with the other person concerning the actor's differences
382	382	with the other person while the actor was:
383	383	(A) carrying a weapon in violation of Section
384	384	46.02; [or]
385	385	(B) possessing or transporting a weapon in
386	386	violation of Section 46.05; or
387	387	(C) possessing an assault weapon in violation of
388	388	Section 46.055.
389	389	SECTION 14. This Act takes effect September 1, 2025.