| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the creation of the offense of possession, manufacture, |
|
|
transportation, repair, or sale of a tire deflation device; |
|
|
providing criminal penalties. |
|
|
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) "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 2. Subsections (a), (d), and (e), Section 46.05, |
|
|
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 [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. An offense under Subsection (a)(5) or (6) |
|
|
is a Class A misdemeanor. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |
|
|
|
|
|
* * * * * |