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.
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