By Isett                                              H.B. No. 3101
         77R9369 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the definition of "firearm" for the purposes of
 1-3     criminal prosecutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 46.01(3), Penal Code, is amended to read
 1-6     as follows:
 1-7                 (3)  "Firearm" means any device designed, made, or
 1-8     adapted to expel a projectile through a barrel by using the energy
 1-9     generated by an explosion or burning substance or any device
1-10     readily convertible to that use.  Firearm does not include a
1-11     firearm that may have, as an integral part, a folding knife blade
1-12     or other characteristics of weapons made illegal by this chapter
1-13     and that is:
1-14                       (A)  an antique or curio firearm manufactured
1-15     before 1899; or
1-16                       (B)  a replica of an antique or curio firearm
1-17     manufactured before 1899, but only if the replica does not use rim
1-18     fire or center fire ammunition that is readily available in the
1-19     ordinary channels of commercial trade.
1-20           SECTION 2.  (a)  The change in law made by this Act to
1-21     Section 46.01(3), Penal Code, applies only to an offense committed
1-22     on or after the effective date of this Act.  For purposes of this
1-23     section, an offense is committed before the effective date of this
1-24     Act if any element of the offense occurs before that date.
 2-1           (b)  An offense committed before the effective date of this
 2-2     Act is covered by the law in effect when the offense was committed,
 2-3     and the former law is continued in effect for that purpose.
 2-4           SECTION 3. This Act takes effect September 1, 2001.