89R5837 JSC-D     By: West S.B. No. 808       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the criminal offense of the   possession, manufacture, transport, repair, or sale of a machine   gun or a machine gun conversion device.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.01, Penal Code, is amended by   amending Subdivision (9) and adding Subdivision (21) to read as   follows:                (9)  "Machine gun" means any firearm that is capable of   shooting more than one shot [two shots] automatically, without   manual reloading, by a single function of the trigger.                (21)  "Machine gun conversion device" means any part or   combination of parts intended to make a firearm capable of shooting   more than one shot automatically, without manual reloading, by a   single function of the trigger.          SECTION 2.  Section 46.05, Penal Code, is amended by   amending Subsection (a) and adding Subsection (h) 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;                      (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; or                (7)  a machine gun conversion device.          (h)  It is an affirmative defense to prosecution under this   section for the possession of a machine gun conversion device that   the item is:                (1)  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                (2)  classified as a curio or relic by the United States   Department of Justice.          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.