By: Alvarado, King of Parker, Koop, Moody, H.B. No. 913
      Phelan
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the criminal offense of the
  possession, manufacture, transport, repair, or sale of certain
  prohibited explosive weapons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.01, Penal Code, is amended by adding
  Subdivision (18) to read as follows:
               (18)  "Improvised explosive device" means a completed
  and operational bomb designed to cause serious bodily injury,
  death, or substantial property damage that is fabricated in an
  improvised manner using nonmilitary components.
  The term does not
  include:
                     (A)  unassembled components that can be legally
  purchased and possessed without a license, permit, or other
  governmental approval; or
                     (B)  an exploding target that is used for firearms
  practice, sold in kit form, and contains the components of a binary
  explosive.
         SECTION 2.  Sections 46.05(a) and (e), 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 classified as a curio or relic by the United States
  Department of Justice:
                     (A)  an explosive weapon;
                     (B)  a machine gun;
                     (C)  a short-barrel firearm; or
                     (D)  a firearm silencer;
               (2)  knuckles;
               (3)  armor-piercing ammunition;
               (4)  a chemical dispensing device;
               (5)  a zip gun; [or]
               (6)  a tire deflation device; or
               (7)  an improvised explosive device.
         (e)  An offense under Subsection (a)(1), (3), (4), [or] (5),
  or (7) is a felony of the third degree. An offense under Subsection
  (a)(6) is a state jail felony. An offense under Subsection (a)(2)
  is a Class A misdemeanor.
         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, 2017.