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  87R67 TSS-D
 
  By: Ortega H.B. No. 234
 
 
 
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.
         (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)  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.