Bill Text: TX HB913 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain prohibited explosive weapons.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB913 Detail]
Download: Texas-2017-HB913-Enrolled.html
| H.B. No. 913 | ||
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| relating to the prosecution of the criminal offense of the | ||
| possession, manufacture, transport, repair, or sale of certain | ||
| prohibited explosive weapons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 46.01, Penal Code, is amended by adding | ||
| Subdivision (18) to read as follows: | ||
| (18) "Improvised explosive device" means a completed | ||
| and operational bomb designed to cause serious bodily injury, | ||
| death, or substantial property damage that is fabricated in an | ||
| improvised manner using nonmilitary components. The term does not | ||
| include: | ||
| (A) unassembled components that can be legally | ||
| purchased and possessed without a license, permit, or other | ||
| governmental approval; or | ||
| (B) an exploding target that is used for firearms | ||
| practice, sold in kit form, and contains the components of a binary | ||
| explosive. | ||
| SECTION 2. Sections 46.05(a) and (e), Penal Code, are | ||
| amended to read as follows: | ||
| (a) A person commits an offense if the person intentionally | ||
| or knowingly possesses, manufactures, transports, repairs, or | ||
| sells: | ||
| (1) any of the following items, unless the item is | ||
| registered in the National Firearms Registration and Transfer | ||
| Record maintained by the Bureau of Alcohol, Tobacco, Firearms and | ||
| Explosives or classified as a curio or relic by the United States | ||
| Department of Justice: | ||
| (A) an explosive weapon; | ||
| (B) a machine gun; | ||
| (C) a short-barrel firearm; or | ||
| (D) a firearm silencer; | ||
| (2) knuckles; | ||
| (3) armor-piercing ammunition; | ||
| (4) a chemical dispensing device; | ||
| (5) a zip gun; [ |
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| (6) a tire deflation device; or | ||
| (7) an improvised explosive device. | ||
| (e) An offense under Subsection (a)(1), (3), (4), [ |
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| or (7) is a felony of the third degree. An offense under Subsection | ||
| (a)(6) is a state jail felony. An offense under Subsection (a)(2) | ||
| is a Class A misdemeanor. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 913 was passed by the House on May 3, | ||
| 2017, by the following vote: Yeas 137, Nays 9, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 913 was passed by the Senate on May | ||
| 24, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
