1-1 By: Isett, Jones of Brazos H.B. No. 2825
1-2 (Senate Sponsor - Bernsen)
1-3 (In the Senate - Received from the House May 11, 1999;
1-4 May 12, 1999, read first time and referred to Committee on Criminal
1-5 Justice; May 14, 1999, reported favorably by the following vote:
1-6 Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the definitions of various types of weapons for the
1-10 purposes of criminal prosecutions and to a defense to prosecution
1-11 for certain weapon offenses.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 46.01(3), Penal Code, is amended to read
1-14 as follows:
1-15 (3) "Firearm" means any device designed, made, or
1-16 adapted to expel a projectile through a barrel by using the energy
1-17 generated by an explosion or burning substance or any device
1-18 readily convertible to that use. Firearm does not include a
1-19 firearm [antique or curio firearms that were manufactured prior to
1-20 1899 and] that may have, as an integral part, a folding knife blade
1-21 or other characteristics of weapons made illegal by this chapter
1-22 and that is:
1-23 (A) an antique or curio firearm manufactured
1-24 before 1899; or
1-25 (B) a replica of an antique or curio firearm
1-26 manufactured before 1899, but only if the replica does not use rim
1-27 fire or center fire ammunition.
1-28 SECTION 2. Section 46.15, Penal Code, is amended by adding
1-29 Subsection (e) to read as follows:
1-30 (e) The provisions of Section 46.02 prohibiting the carrying
1-31 of an illegal knife do not apply to an individual carrying a bowie
1-32 knife or a sword used in a historical demonstration or in a
1-33 ceremony in which the knife or sword is significant to the
1-34 performance of the ceremony.
1-35 SECTION 3. (a) The changes in law made by this Act to
1-36 Sections 46.01 and 46.15, Penal Code, apply only to an offense
1-37 committed on or after the effective date of this Act. For purposes
1-38 of this section, an offense is committed before the effective date
1-39 of this Act if any element of the offense occurs before the
1-40 effective date.
1-41 (b) An offense committed before the effective date of this
1-42 Act is covered by the law in effect when the offense was committed,
1-43 and the former law is continued in effect for that purpose.
1-44 SECTION 4. This Act takes effect September 1, 1999.
1-45 SECTION 5. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended.
1-50 * * * * *