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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. The term does not include a traffic control device |
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that: |
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(A) is designed to puncture one or more of a |
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vehicle's tires when driven over in a specific direction; and |
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(B) has a clearly visible sign posted in close |
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proximity to the traffic control device that prohibits entry or |
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warns motor vehicle operators of the traffic control device. |
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SECTION 2. Subsections (a), (d), and (e), Section 46.05, |
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Penal Code, are amended to 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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(d) It is an affirmative defense to prosecution under this |
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section that the actor's conduct: |
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(1) was incidental to dealing with a switchblade |
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knife, springblade knife, [or] short-barrel firearm, or tire |
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deflation device solely as an antique or curio; [or] |
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(2) was incidental to dealing with armor-piercing |
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ammunition solely for the purpose of making the ammunition |
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available to an organization, agency, or institution listed in |
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Subsection (b); or |
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(3) 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 Subsection (a)(1), (2), (3), (4), (7), |
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(8), or (9) [this section] is a felony of the third degree [unless
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it is committed under Subsection (a)(5) or (a)(6), in which event,
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it is a Class A misdemeanor]. An offense under Subsection (a)(10) |
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is a state jail felony. An offense under Subsection (a)(5) or (6) |
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is a Class A misdemeanor. |
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SECTION 3. This Act takes effect September 1, 2011. |