By Burnam                                        H.B. No. 661

      75R3343 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of and the punishment for the offense

 1-3     of the unlawful transfer of certain weapons.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 46.06, Penal Code, is amended by amending

 1-6     Subsections (c) and (d) to read as follows:

 1-7           (c)  [It is an affirmative defense to prosecution under

 1-8     Subsection (a)(2) that the transfer was to a minor whose parent or

 1-9     the person having legal custody of the minor had given written

1-10     permission for the sale or, if the transfer was other than a sale,

1-11     the parent or person having legal custody had given effective

1-12     consent.]

1-13           [(d)]  An offense under this section is a felony of the third

1-14     degree [Class A misdemeanor].

1-15           SECTION 2.  (a)  The change in law made by this Act applies

1-16     only to an offense committed on or after the effective date of this

1-17     Act.  For purposes of this section, an offense is committed before

1-18     the effective date of this Act if any element of the offense occurs

1-19     before that date.

1-20           (b)  An offense committed before the effective date of this

1-21     Act is covered by the law in effect when the offense was committed,

1-22     and the former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.