H.B. No. 443 introduces a new Section 46.055 to the Texas Penal Code, creating a criminal offense for the unlawful possession or transfer of assault weapons, which are defined to include specific semiautomatic firearms and conversion kits. The bill classifies the offense as a Class A misdemeanor and outlines defenses to prosecution, such as lawful possession prior to a specified date and actions taken by peace officers or military members in the course of their duties. Additionally, the bill amends various sections of the Texas Code, including the Alcoholic Beverage Code and the Code of Criminal Procedure, to incorporate references to assault weapons, update definitions of prohibited weapons, and clarify procedures for the destruction or forfeiture of seized assault weapons. It also addresses school discipline by including assault weapon offenses in the criteria for student suspension or expulsion.

Furthermore, the bill modifies provisions related to the purchase of firearms by commissioned and retired peace officers, ensuring that the firearms must not be classified as prohibited or assault weapons. It also clarifies the use of force provisions in the Penal Code, stating that the use of force is not justified when the actor is in violation of specified weapon possession laws. The legislation aims to enhance regulations surrounding assault weapons in Texas, reflecting a broader initiative to address gun violence and public safety concerns, and is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Alcoholic Beverage Code 5.141, Education Code 37.005, Education Code 1.04, Government Code 37.006, Government Code 614.051, Government Code 46.055, Parks and Wildlife Code 46.055, Penal Code 9.31 (Education Code 1, Parks and Wildlife Code 46, Alcoholic Beverage Code 5, Government Code 46, Penal Code 9, Government Code 614, Government Code 37, Education Code 37)