Bill Summary – FastDemocracy

         
            89R892 TSS-F
         
		By: Hayes
            H.B. No. 259
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the prohibition of short-barrel firearms.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Sections 46.05(a) and (d), 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 otherwise not subject to that registration 
         
            requirement or unless the item is classified as a curio or relic by 
         
            the United States Department of Justice:
         
                               (A)  an explosive weapon; or
         
                               (B)  a machine gun; [or
         
                               [(C)  a short-barrel firearm;]
         
                         (2)  armor-piercing ammunition;
         
                         (3)  a chemical dispensing device;
         
                         (4)  a zip gun;
         
                         (5)  a tire deflation device; or
         
                         (6)  an improvised explosive device.
         
                   (d)  It is an affirmative defense to prosecution under this 
         
            section that the actor's conduct:
         
                         (1)  was incidental to dealing with a [short-barrel 
         
            firearm or] tire deflation device solely as an antique or curio;
         
                         (2)  was incidental to dealing with armor-piercing 
         
            ammunition solely for the purpose of making the ammunition 
         
            available to an organization, agency, or institution listed in 
         
            Subsection (b); or
         
                         (3)  was incidental to dealing with a tire deflation 
         
            device solely for the purpose of making the device available to an 
         
            organization, agency, or institution listed in Subsection (b).
         
                   SECTION 2.  Section 46.01(10), 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, 2025.
         
Statutes affected: 
Introduced: Penal Code 46.05, Penal Code 46.01 (Penal Code 46)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the prohibition of short-barrel firearms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 46.05(a) and (d), 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 otherwise not subject to that registration
	requirement or unless the item is classified as a curio or relic by
	the United States Department of Justice:
	(A) an explosive weapon; or
	(B) a machine gun; [or
	[~~(C) a short-barrel firearm;~~]
	(2) armor-piercing ammunition;
	(3) a chemical dispensing device;
	(4) a zip gun;
	(5) a tire deflation device; or
	(6) an improvised explosive device.
	(d) It is an affirmative defense to prosecution under this
	section that the actor's conduct:
	(1) was incidental to dealing with a [~~short-barrel~~
	~~firearm or~~] tire deflation device solely as an antique or curio;
	(2) was incidental to dealing with armor-piercing
	ammunition solely for the purpose of making the ammunition
	available to an organization, agency, or institution listed in
	Subsection (b); or
	(3) was incidental to dealing with a tire deflation
	device solely for the purpose of making the device available to an
	organization, agency, or institution listed in Subsection (b).
	SECTION 2. Section 46.01(10), 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, 2025.