Relating to the prohibition of short-barrel firearms.

89(R) HB 259 - Introduced version - Bill Text

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 Section 46.01(10), Penal Code, is repealed.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