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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 a machine |
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gun or a machine gun conversion device. |
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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 |
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amending Subdivision (9) and adding Subdivision (21) to read as |
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follows: |
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(9) "Machine gun" means any firearm that is capable of |
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shooting more than one shot [two shots] automatically, without |
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manual reloading, by a single function of the trigger. |
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(21) "Machine gun conversion device" means any part or |
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combination of parts intended to make a firearm capable of shooting |
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more than one shot automatically, without manual reloading, by a |
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single function of the trigger. |
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SECTION 2. Section 46.05, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (h) to read as |
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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) armor-piercing ammunition; |
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(3) a chemical dispensing device; |
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(4) a zip gun; |
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(5) a tire deflation device; [or] |
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(6) an improvised explosive device; or |
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(7) a machine gun conversion device. |
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(h) It is an affirmative defense to prosecution under this |
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section for the possession of a machine gun conversion device that |
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the item is: |
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(1) registered in the National Firearms Registration |
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and Transfer Record maintained by the Bureau of Alcohol, Tobacco, |
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Firearms and Explosives or otherwise not subject to that |
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registration requirement; or |
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(2) classified as a curio or relic by the United States |
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Department of Justice. |
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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, 2025. |