By Nelson                                               S.B. No. 95
         77R1005 YDB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possession, manufacture, transport, repair, or sale
 1-3     of chemical and biological weapons; providing criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 46.05(e), Penal Code, is amended to read
 1-6     as follows:
 1-7           (e)  An offense under this section is a felony of the third
 1-8     degree unless:
 1-9                 (1)  it is committed under Subsection (a)(5) or (a)(6),
1-10     in which event, it is a Class A misdemeanor; or
1-11                 (2)  it is committed under Subsection (a)(8) and the
1-12     chemical dispensing device was designed, made, or adapted to
1-13     dispense a biological agent as defined by 18 U.S.C. Section 178 or
1-14     a toxic chemical as defined by 18 U.S.C. Section 229F, in which
1-15     event, it is a felony of the second degree.
1-16           SECTION 2.  (a)  The change in law made by this Act applies
1-17     only to an offense committed on or after the effective date of this
1-18     Act.  For purposes of this section, an offense is committed before
1-19     the effective date of this Act if any element of the offense occurs
1-20     before that date.
1-21           (b)  An offense committed before the effective date of this
1-22     Act is covered by the law in effect when the offense was committed,
1-23     and the former law is continued in effect for that purpose.
1-24           SECTION 3.  This Act takes effect September 1, 2001.