BILL ANALYSIS

 

 

Senate Research Center

H.B. 1819

85R18262 LHC-F

By: Springer et al. (Perry)

 

State Affairs

 

5/10/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties are concerned that certain restrictions related to firearm silencers may affect the availability of these products for people who wish to purchase them for hearing protection. H.B. 1819 addresses this issue by revising the law relating to the criminal consequences for possessing, manufacturing, transporting, repairing, or selling a firearm silencer.

 

H.B. 1819 amends current law relating to the criminal consequences of engaging in certain conduct with respect to a firearm silencer.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 46.05(a) and (e), Penal Code, as follows:

 

(a) Provides that a person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

 

(1) deletes existing text including a firearm silencer in the list of weapons and makes nonsubstantive changes;

 

(2) through (4) makes no changes to these subdivisions;

 

(5) and (6) makes nonsubstantive changes; or

 

(7)  a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law.

 

(e) Provides that an offense under certain subsections, including Subsection (7), is a felony of the third degree. Makes a nonsubstantive change.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2017.