79R1276 KEL-D
By: Haggerty H.B. No. 576
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the use of stun guns; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivision (17) to read as follows:
(17) "Stun gun" means a device that is intended,
designed, made, or adapted to immobilize a person by inflicting an
electrical charge.
SECTION 2. Section 46.03, Penal Code, is amended by adding
Subsections (j) and (k) to read as follows:
(j) It is a defense to prosecution under this section that
the actor possessed a stun gun and was, at the time of the offense:
(1) a license holder under Subchapter H, Chapter 411,
Government Code, who engaged in the conduct after successfully
completing the training described by Section 411.0207, Government
Code; or
(2) a security officer registered with the Private
Security Bureau of the Department of Public Safety who engaged in
the conduct:
(A) after successfully completing the training
described by Section 411.0207, Government Code; and
(B) while traveling to or from the actor's place
of assignment or in the actual discharge of duties as a security
officer.
(k) It is an exception to the application of this section
that the actor possessed a stun gun and was, at the time of the
offense, a peace officer, including a commissioned peace officer of
a recognized state or a special investigator under Article 2.122,
Code of Criminal Procedure, who was authorized by law to carry a
weapon and who engaged in the conduct after successfully completing
the training described by Section 411.0207, Government Code.
SECTION 3. Section 46.05, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsections (g) and (h)
to read as follows:
(a) A person commits an offense if he intentionally or
knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; [or]
(9) a zip gun; or
(10) a stun gun.
(b) It is a defense to prosecution under Subsections
(a)(1)-(9) [this section] that the actor's conduct was incidental
to the performance of official duty by the armed forces or national
guard, a governmental law enforcement agency, or a correctional
facility.
(g) It is a defense to prosecution under Subsection (a)(10)
that the actor was, at the time of the offense:
(1) a license holder under Subchapter H, Chapter 411,
Government Code, who engaged in the conduct after successfully
completing the training described by Section 411.0207, Government
Code; or
(2) a security officer registered with the Private
Security Bureau of the Department of Public Safety who engaged in
the conduct:
(A) after successfully completing the training
described by Section 411.0207, Government Code; and
(B) while traveling to or from the actor's place
of assignment or in the actual discharge of duties as a security
officer.
(h) It is an exception to the application of Subsection
(a)(10) that the actor was, at the time of the offense, a peace
officer, including a commissioned peace officer of a recognized
state or a special investigator under Article 2.122, Code of
Criminal Procedure, who was authorized by law to carry a weapon and
who engaged in the conduct after successfully completing the
training described by Section 411.0207, Government Code.
SECTION 4. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0207 to read as follows:
Sec. 411.0207. STUN GUN TRAINING. (a) The director by rule
shall establish minimum standards for stun gun proficiency and
shall develop and make widely available throughout the state a
course to teach stun gun proficiency and an examination to measure
stun gun proficiency. The examination to measure stun gun
proficiency must require an actual demonstration by the applicant
of the applicant's ability to safely and proficiently use a stun
gun.
(b) Except as provided by Subsection (c), the department
shall charge a fee for the training offered under this section.
(c) The director by rule shall establish minimum standards
for the certification of stun gun instructors. An applicant for
certification as a stun gun instructor under this subsection must
be a peace officer employed by the department and must successfully
complete the training offered under this section before the
department may certify the applicant as a stun gun instructor. An
applicant for certification as a stun gun instructor is not
required to pay a fee for the training under this section.
SECTION 5. The public safety director of the Department of
Public Safety shall adopt the rules required by Section 411.0207,
Government Code, as added by this Act, not later than November 1,
2005.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2005.
(b) Sections 1, 2, and 3 of this Act take effect March 1,
2006.