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.