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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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parts designed to increase the rate of fire of a semiautomatic |
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rifle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 part or combination of parts that is designed and |
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functions to increase the rate of fire of a semiautomatic rifle but |
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does not convert the semiautomatic rifle into a machine gun. |
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(e) An offense under Subsection (a)(1), (3), (4), (5), [or] |
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(7), or (8) is a felony of the third degree. An offense under |
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Subsection (a)(6) is a state jail felony. An offense under |
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Subsection (a)(2) or (9) is a Class A misdemeanor. |
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SECTION 2. 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 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, 2019. |