HBA-JLV H.B. 1734 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1734 By: Moreno, Joe E. Criminal Jurisprudence 3/9/2001 Introduced BACKGROUND AND PURPOSE Current law defines a deadly weapon as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Texas courts have interpreted this definition of a deadly weapon as being applicable to cases in which the offender has no intention of using any deadly weapon. This interpretation has resulted in equal treatment for punishment purposes those who use a car with the intent of running down a person and those who drive a car while intoxicated, but who have no such intent. House Bill 1734 redefines "deadly weapon" to include anything that is used or intended to be used with the intent to cause, and is capable of causing death or serious bodily injury. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1734 amends the Penal Code to include within the definition of "deadly weapon" anything that is used or intended to be used with the intent to cause and is capable of causing death or serious bodily injury. EFFECTIVE DATE September 1, 2001.