By Dutton                                             H.B. No. 1121
       74R4363 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of possessing, manufacturing, transporting,
    1-3  repairing, or selling a prohibited weapon.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 46.01, Penal Code, is amended to read as
    1-6  follows:
    1-7        Sec. 46.01.  Definitions.  In this chapter:
    1-8              (1)  "Club" means an instrument that is specially
    1-9  designed, made, or adapted for the purpose of inflicting serious
   1-10  bodily injury or death by striking a person with the instrument,
   1-11  and includes but is not limited to the following:
   1-12                    (A)  blackjack;
   1-13                    (B)  nightstick;
   1-14                    (C)  mace;
   1-15                    (D)  tomahawk.
   1-16              (2)  "Explosive weapon" means any explosive or
   1-17  incendiary bomb, grenade, rocket, or mine, that is designed, made,
   1-18  or adapted for the purpose of inflicting serious bodily injury,
   1-19  death, or substantial property damage, or for the principal purpose
   1-20  of causing such a loud report as to cause undue public alarm or
   1-21  terror, and includes a device designed, made, or adapted for
   1-22  delivery or shooting an explosive weapon.
   1-23              (3)  "Firearm" means any device designed, made, or
   1-24  adapted to expel a projectile through a barrel by using the energy
    2-1  generated by an explosion or burning substance or any device
    2-2  readily convertible to that use.  Firearm does not include antique
    2-3  or curio firearms that were manufactured prior to 1899 and that may
    2-4  have, as an integral part, a folding knife blade or other
    2-5  characteristics of weapons made illegal by this chapter.
    2-6              (4)  "Firearm silencer" means any device designed,
    2-7  made, or adapted to muffle the report of a firearm.
    2-8              (5)  "Handgun" means any firearm that is designed,
    2-9  made, or adapted to be fired with one hand.
   2-10              (6)  "Illegal knife" means a:
   2-11                    (A)  knife with a blade over five and one-half
   2-12  inches;
   2-13                    (B)  hand instrument designed to cut or stab
   2-14  another by being thrown;
   2-15                    (C)  dagger, including but not limited to a dirk,
   2-16  stilletto, and poniard;
   2-17                    (D)  bowie knife;
   2-18                    (E)  sword; or
   2-19                    (F)  spear.
   2-20              (7)  "Knife" means any bladed hand instrument that is
   2-21  capable of inflicting serious bodily injury or death by cutting or
   2-22  stabbing a person with the instrument.
   2-23              (8)  "Knuckles" means any instrument that consists of
   2-24  finger rings or guards made of a hard substance and that is
   2-25  designed, made, or adapted for the purpose of inflicting serious
   2-26  bodily injury or death by striking a person with a fist enclosed in
   2-27  the knuckles.
    3-1              (9)  "Machine gun" means any firearm that is capable of
    3-2  shooting more than two shots automatically, without manual
    3-3  reloading, by a single function of the trigger.
    3-4              (10)  "Short-barrel firearm" means a rifle with a
    3-5  barrel length of less than 16 inches or a shotgun with a barrel
    3-6  length of less than 18 inches, or any weapon made from a shotgun or
    3-7  rifle if, as altered, it has an overall length of less than 26
    3-8  inches.
    3-9              (11)  <"Switchblade knife" means any knife that has a
   3-10  blade that folds, closes, or retracts into the handle or sheath,
   3-11  and that:>
   3-12                    <(A)  opens automatically by pressure applied to
   3-13  a button or other device located on the handle; or>
   3-14                    <(B)  opens or releases a blade from the handle
   3-15  or sheath by the force of gravity or by the application of
   3-16  centrifugal force.>
   3-17              <(12)>  "Armor-piercing ammunition" means handgun
   3-18  ammunition that is designed primarily for the purpose of
   3-19  penetrating metal or body armor and to be used principally in
   3-20  pistols and revolvers.
   3-21              (12) <(13)>  "Hoax bomb" means a device that:
   3-22                    (A)  reasonably appears to be an explosive or
   3-23  incendiary device; or
   3-24                    (B)  by its design causes alarm or reaction of
   3-25  any type by an official of a public safety agency or a volunteer
   3-26  agency organized to deal with emergencies.
   3-27              (13) <(14)>  "Chemical dispensing device" means a
    4-1  device, other than a small chemical dispenser sold commercially for
    4-2  personal protection, that is designed, made, or adapted for the
    4-3  purpose of dispensing a substance capable of causing an adverse
    4-4  psychological or physiological effect on a human being.
    4-5              (14) <(15)>  "Racetrack" has the meaning assigned that
    4-6  term by the Texas Racing Act (Article 179e, Vernon's Texas Civil
    4-7  Statutes).
    4-8              (15) <(16)>  "Zip gun" means a device or combination of
    4-9  devices that was not originally a firearm and is adapted to expel a
   4-10  projectile through a smooth-bore or rifled-bore barrel by using the
   4-11  energy generated by an explosion or burning substance.
   4-12        SECTION 2.  Sections 46.05(a) and (d), Penal Code, are
   4-13  amended to read as follows:
   4-14        (a)  A person commits an offense if he intentionally or
   4-15  knowingly possesses, manufactures, transports, repairs, or sells:
   4-16              (1)  an explosive weapon;
   4-17              (2)  a machine gun;
   4-18              (3)  a short-barrel firearm;
   4-19              (4)  a firearm silencer;
   4-20              (5)  <a switchblade knife;>
   4-21              <(6)>  knuckles;
   4-22              (6) <(7)>  armor-piercing ammunition;
   4-23              (7) <(8)>  a chemical dispensing device; or
   4-24              (8) <(9)>  a zip gun.
   4-25        (d)  It is an affirmative defense to prosecution under this
   4-26  section that the actor's conduct:
   4-27              (1)  was incidental to dealing with a <switchblade
    5-1  knife,> springblade knife<,> or short-barrel firearm solely as an
    5-2  antique or curio; or
    5-3              (2)  was incidental to dealing with armor-piercing
    5-4  ammunition solely for the purpose of making the ammunition
    5-5  available to an organization, agency, or institution listed in
    5-6  Subsection (b).
    5-7        SECTION 3.  (a)  The change in law made by this Act applies
    5-8  only to an offense committed on or after the effective date of this
    5-9  Act.  For purposes of this section, an offense is committed before
   5-10  the effective date of this Act if any element of the offense occurs
   5-11  before the effective date.
   5-12        (b)  An offense committed before the effective date of this
   5-13  Act is covered by the law in effect when the offense was committed,
   5-14  and the former law is continued in effect for that purpose.
   5-15        SECTION 4.  This Act takes effect September 1, 1995.
   5-16        SECTION 5.  The importance of this legislation and the
   5-17  crowded condition of the calendars in both houses create an
   5-18  emergency and an imperative public necessity that the
   5-19  constitutional rule requiring bills to be read on three several
   5-20  days in each house be suspended, and this rule is hereby suspended.