Amend CSSB 9 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 46.01, Penal Code, is amended by adding Subdivision (17) to read as follows:
(17)  "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that:
(A)  is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and
(B)  has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.
SECTION ____.  Sections 46.05(a), (d), and (e), Penal Code, are amended to read as follows:
(a)  A person commits an offense if the person [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 tire deflation device.
(d)  It is an affirmative defense to prosecution under this section that the actor's conduct:
(1)  was incidental to dealing with a switchblade knife, springblade knife, [or] short-barrel firearm, or tire deflation device solely as an antique or curio; [or]
(2)  was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or
(3)  was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b).
(e)  An offense under Subsection (a)(1), (2), (3), (4), (7), (8), or (9) [this section] is a felony of the third degree. An offense [unless it is committed] under Subsection (a)(5) or (a)(6)[, in which event, it] is a Class A misdemeanor. An offense under Subsection (a)(10) is a state jail felony.