88R4457 AJZ-D
	By: Meza	H.B. No. 632

	A BILL TO BE ENTITLED
	AN ACT
	relating to creating a criminal offense for the unlawful possession
	or transfer of a large-capacity magazine.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 46, Penal Code, is amended by adding
	Section 46.056 to read as follows:
	Sec. 46.056.  UNLAWFUL POSSESSION OR TRANSFER OF
	LARGE-CAPACITY MAGAZINE.  (a)  In this section, "large-capacity
	magazine" means a detachable ammunition feeding device that has the
	capacity to accept, or can be readily converted to accept, more than
	10 rounds.  The term does not include:
	(1)  a .22 caliber tube ammunition feeding device;
	(2)  a tubular magazine that is contained in a
	lever-action firearm;
	(3)  an ammunition feeding device that has been
	permanently disabled from accepting more than 10 rounds; or
	(4)  a magazine that has been rendered permanently
	inoperable.
	(b)  A person commits an offense if the person knowingly:
	(1)  possesses a large-capacity magazine; or
	(2)  sells, rents, leases, loans, gives, or otherwise
	transfers a large-capacity magazine to another person.
	(c)  An offense under this section is a Class A misdemeanor.
	(d)  It is a defense to prosecution under this section that
	the actor engaged in the conduct while engaged in the actual
	discharge of official duties, or directly en route to or from the
	person's place of assignment, as:
	(1)  a peace officer; or
	(2)  a member of the armed forces or state military
	forces as defined by Section 431.001, Government Code.
	(e)  It is a defense to prosecution under Subsection (b)(1)
	that the actor lawfully possessed the large-capacity magazine on
	August 31, 2023.
	(f)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	SECTION 2.  This Act takes effect September 1, 2023.