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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of possession, manufacture, |
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transportation, repair, or sale of a tire deflation device; |
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providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.01, Penal Code, is amended by adding |
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Subdivision (17) to read as follows: |
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(17) "Tire deflation device" means a device, including |
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a caltrop or spike strip, that, when driven over, impedes or stops |
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the movement of a wheeled vehicle by puncturing one or more of the |
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vehicle's tires. |
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SECTION 2. Section 46.05, Penal Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person commits an offense if the person [he] |
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intentionally or knowingly possesses, manufactures, transports, |
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repairs, or sells: |
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(1) an explosive weapon; |
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(2) a machine gun; |
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(3) a short-barrel firearm; |
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(4) a firearm silencer; |
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(5) a switchblade knife; |
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(6) knuckles; |
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(7) armor-piercing ammunition; |
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(8) a chemical dispensing device; [or] |
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(9) a zip gun; or |
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(10) a tire deflation device. |
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(b-1) It is a defense to prosecution under this section that |
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the actor's conduct was incidental to dealing with a tire deflation |
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device solely for the purpose of making the device available to an |
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organization, agency, or institution listed in Subsection (b). |
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(e) An offense under Subsections (a)(1)-(4) and (7)-(9) |
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[this section] is a felony of the third degree [unless it is
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committed under Subsection (a)(5) or (a)(6), in which event, it is a
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Class A misdemeanor]. An offense under Subsection (a)(10) is a |
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state jail felony. An offense under Subsections (a)(5) and (6) is a |
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Class A misdemeanor. |
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SECTION 3. This Act takes effect September 1, 2011. |