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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain conduct involving prohibited |
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weapons; creating a criminal offense. |
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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 (20) to read as follows: |
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(20) "Three-dimensional printer" means a device |
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capable of producing a three-dimensional object from a digital |
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model. |
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SECTION 2. Sections 46.05(a) and (e), Penal Code, as |
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amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the |
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85th Legislature, Regular Session, 2017, are reenacted and amended |
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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 otherwise not subject to that registration |
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requirement or unless the item is classified as a curio or relic by |
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the United States Department of Justice: |
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(A) an explosive weapon; |
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(B) a machine gun; or |
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(C) a short-barrel firearm; |
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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; |
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(6) a tire deflation device; [or] |
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(7) a firearm silencer, unless the firearm silencer is |
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classified as a curio or relic by the United States Department of |
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Justice or the actor otherwise possesses, manufactures, |
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transports, repairs, or sells the firearm silencer in compliance |
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with federal law; |
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(8) [(7)] an improvised explosive device; or |
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(9) a firearm containing a component part manufactured |
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using a three-dimensional printer. |
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(e) An offense under Subsection (a)(1), (3), (4), (5), [or] |
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(7), (8), or (9) or (a-1) is a felony of the third degree. An |
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offense under Subsection (a)(6) is a state jail felony. An offense |
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under Subsection (a)(2) is a Class A misdemeanor. |
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SECTION 3. Section 46.05, Penal Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) A person commits an offense if the person |
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intentionally or knowingly: |
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(1) manufactures a component part for a firearm using |
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a three-dimensional printer; or |
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(2) possesses, transports, repairs, or sells a |
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component part described by Subdivision (1). |
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SECTION 4. To the extent of any conflict, this Act controls |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. 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 6. This Act takes effect September 1, 2019. |