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.