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  Section 46.01(10), Penal Code, is repealed.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.