Sec. 46.08. HOAX BOMBS.
(a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:
(1) make another believe that the hoax bomb is an explosive or incendiary device; or
(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.
This case doesn't pass muster because there was no intent to pass this off as a bomb. The moment he said, "It's a clock," this statute had no bearing.