By Blackwood                                          H.B. No. 1744
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the types of weapons in the offense of taking a weapon
    1-3  from a peace officer.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 38.18(a), (b), and (e), Penal Code, are
    1-6  amended to read as follows:
    1-7        (a)  In this section, "firearm, nightstick, and chemical
    1-8  dispensing device" <has> have the meanings assigned by Section
    1-9  46.01 of this code.
   1-10        (b)  A person commits an offense if the person intentionally
   1-11  or knowingly and with force takes or attempts to take from a peace
   1-12  officer the officer's firearm, nightstick, or chemical dispensing
   1-13  device with the intention of harming the officer or a third person.
   1-14        (e)  An offense under this section is a felony of the third
   1-15  degree unless the weapon is a nightstick or chemical dispensing
   1-16  device, in which event the offense is a Class A misdemeanor.
   1-17        SECTION 2.  This Act takes effect September 1, 1993.  The
   1-18  changes in law made by this Act apply only to offenses committed on
   1-19  or after that date.  An offense committed before the effective date
   1-20  of this Act is covered by the law in effect when the offense was
   1-21  committed, and the former law is continued in effect for that
   1-22  purpose.  For purposes of this section, an offense was committed
   1-23  before the effective date of this Act if any element of the offense
    2-1  occurred before that date.
    2-2        SECTION 3.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.