87R1391 TSS-D     By: Meza H.B. No. 178       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, 2021.          (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, 2021.