By Truan                                         S.B. No. 560

      75R318 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to offenses concerning the possession and transfer of

 1-3     certain weapons; providing a penalty.

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

 1-5           SECTION 1.  Chapter 46, Penal Code, is amended by adding

 1-6     Section 46.021 to read as follows:

 1-7           Sec. 46.021.  UNLAWFUL POSSESSION OF PEPPER MACE BY MINOR.

 1-8     (a)  In this section:

 1-9                 (1)  "Minor" means an individual who:

1-10                       (A)  is younger than 18 years of age;

1-11                       (B)  is not married; and

1-12                       (C)  has not had the disabilities of minority

1-13     removed.

1-14                 (2)  "Pepper mace dispensing device" means a small

1-15     chemical dispenser sold commercially for personal protection that

1-16     is designed, made, or adapted for the purpose of dispensing through

1-17     aerosol propulsion an irritant, pepper-based product, including

1-18     oleoresin capsicum.

1-19           (b)  A minor commits an offense if the minor possesses a

1-20     pepper mace dispensing device.

1-21           (c)  An offense under this section is a Class C misdemeanor.

1-22           SECTION 2.  Section 46.06(a), Penal Code, is amended to read

1-23     as follows:

1-24           (a)  A person commits an offense if the person:

 2-1                 (1)  sells, rents, leases, loans, or gives a handgun to

 2-2     any person knowing that the person to whom the handgun is to be

 2-3     delivered intends to use it unlawfully or in the commission of an

 2-4     unlawful act;

 2-5                 (2)  intentionally or knowingly sells, rents, leases,

 2-6     or gives or offers to sell, rent, lease, or give to any child

 2-7     younger than 18 years any firearm, club, [or] illegal knife, or

 2-8     pepper mace dispensing device as defined by Section 46.021;

 2-9                 (3)  intentionally, knowingly, or recklessly sells a

2-10     firearm or ammunition for a firearm to any person who is

2-11     intoxicated;

2-12                 (4)  knowingly sells a firearm or ammunition for a

2-13     firearm to any person who has been convicted of a felony before the

2-14     fifth anniversary of the later of the following dates:

2-15                       (A)  the person's release from confinement

2-16     following conviction of the felony; or

2-17                       (B)  the person's release from supervision under

2-18     community supervision, parole, or mandatory supervision following

2-19     conviction of the felony; or

2-20                 (5)  sells, rents, leases, loans, or gives a handgun to

2-21     any person knowing that an active protective order is directed to

2-22     the person to whom the handgun is to be delivered.

2-23           SECTION 3.  This Act takes effect September 1, 1997.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.