84R5605 JSC-F
	By: Frullo, et al.	H.B. No. 989

	A BILL TO BE ENTITLED
	AN ACT
	relating to defenses and exceptions to the prosecution of the
	criminal offense of the possession, manufacture, transport,
	repair, or sale of certain prohibited explosive weapons, firearms,
	and related items.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 Firearm 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) [(2)]  a machine gun;
	(C) [(3)]  a short-barrel firearm; or
	(D) [(4)]  a firearm silencer;
	(2) [(5)]  knuckles;
	(3) [(6)]  armor-piercing ammunition;
	(4) [(7)]  a chemical dispensing device;
	(5) [(8)]  a zip gun; or
	(6) [(9)]  a tire deflation device.
	(e)  An offense under Subsection (a)(1), [(2),] (3), (4),
	[(6), (7),] or (5) [(8)] is a felony of the third degree.  An offense
	under Subsection (a)(6) [(a)(9)] is a state jail felony.  An
	offense under Subsection (a)(2) [(a)(5)] is a Class A misdemeanor.
	SECTION 2.  Section 46.05(c), Penal Code, is repealed.
	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, 2015.