By Isett                                              H.B. No. 2825
         76R8763 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the definitions of various types of weapons for the
 1-3     purposes of criminal prosecutions and to a defense to prosecution
 1-4     for certain weapon offenses.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 46.01(3), Penal Code, is amended to read
 1-7     as follows:
 1-8                 (3)  "Firearm" means any device designed, made, or
 1-9     adapted to expel a projectile through a barrel by using the energy
1-10     generated by an explosion or burning substance or any device
1-11     readily convertible to that use.  Firearm does not include antique
1-12     or curio firearms that were manufactured prior to 1899 or a replica
1-13     of an antique or curio firearm manufactured prior to 1899 and that
1-14     may have, as an integral part, a folding knife blade or other
1-15     characteristics of weapons made illegal by this chapter.
1-16           SECTION 2.  Section 46.15, Penal Code, is amended by adding
1-17     Subsection (e) to read as follows:
1-18           (e)  The provisions of Section 46.02 prohibiting the carrying
1-19     of an illegal knife do not apply to an individual carrying a bowie
1-20     knife or a sword used in a historical demonstration or in a
1-21     ceremony in which the knife or sword is significant to the
1-22     performance of the ceremony.
1-23           SECTION 3.  (a)  The changes in law made by this Act to
1-24     Sections 46.01 and 46.15, Penal Code, apply only to an offense
 2-1     committed on or after the effective date of this Act.  For purposes
 2-2     of this section, an offense is committed before the effective date
 2-3     of this Act if any element of the offense occurs before the
 2-4     effective date.
 2-5           (b)  An offense committed before the effective date of this
 2-6     Act is covered by the law in effect when the offense was committed,
 2-7     and the former law is continued in effect for that purpose.
 2-8           SECTION 4.  This Act takes effect September 1, 1999.
 2-9           SECTION 5.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.