88S30519 LHC-D
 
  By: West S.B. No. 71
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of firearm for purposes of certain
  criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.01(3), Penal Code, is amended to read
  as follows:
               (3)  "Firearm" means any device designed, made, or
  adapted to expel a projectile through a barrel by using the energy
  generated by an explosion or burning substance or any device
  readily convertible to that use. Firearm does not include:
                     (A)  a firearm that may have, as an integral part,
  a folding knife blade or other characteristics of weapons made
  illegal by this chapter and that is:
                           (i) [(A)]  an antique or curio firearm
  manufactured before 1899; or
                           (ii) [(B)]  a replica of an antique or curio
  firearm manufactured before 1899, but only if the replica does not
  use rim fire or center fire ammunition; or
                     (B)  a less-lethal projectile device.
         SECTION 2.  Section 46.01, Penal Code, is amended by adding
  Subdivision (21) to read as follows:
               (21)  "Less-lethal projectile device" means any
  weapon, device, or munition that is designed, made, or adapted to
  expel a projectile that inflicts an electrical charge against a
  target to temporarily incapacitate the target while minimizing the
  risk of serious bodily injury or death.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.