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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offense of the |
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possession, manufacture, transport, repair, or sale of certain |
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prohibited explosive weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.01, Penal Code, is amended by adding |
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Subdivision (18) to read as follows: |
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(18) "Improvised explosive device" means a completed |
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and operational bomb designed to cause serious bodily injury, |
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death, or substantial property damage that is fabricated in an |
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improvised manner using nonmilitary components. |
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The term does not |
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include: |
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(A) unassembled components that can be legally |
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purchased and possessed without a license, permit, or other |
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governmental approval; or |
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(B) an exploding target that is used for firearms |
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practice, sold in kit form, and contains the components of a binary |
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explosive. |
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SECTION 2. Sections 46.05(a) and (e), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) any of the following items, unless the item is |
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registered in the National Firearms Registration and Transfer |
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Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives or classified as a curio or relic by the United States |
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Department of Justice: |
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(A) an explosive weapon; |
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(B) a machine gun; |
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(C) a short-barrel firearm; or |
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(D) a firearm silencer; |
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(2) knuckles; |
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(3) armor-piercing ammunition; |
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(4) a chemical dispensing device; |
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(5) a zip gun; [or] |
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(6) a tire deflation device; or |
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(7) an improvised explosive device. |
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(e) An offense under Subsection (a)(1), (3), (4), [or] (5), |
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or (7) is a felony of the third degree. An offense under Subsection |
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(a)(6) is a state jail felony. An offense under Subsection (a)(2) |
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is a Class A misdemeanor. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |