Texas 2009 81st Regular

Texas House Bill HB4456 Senate Committee Report / Bill

Filed 02/01/2025

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                    By: Driver (Senate Sponsor - Deuell) H.B. No. 4456
 (In the Senate - Received from the House May 13, 2009;
 May 14, 2009, read first time and referred to Committee on Criminal
 Justice; May 21, 2009, reported adversely, with favorable
 Committee Substitute by the following vote: Yeas 6, Nays 0;
 May 21, 2009, sent to printer.)
 COMMITTEE SUBSTITUTE FOR H.B. No. 4456 By: Whitmire


 A BILL TO BE ENTITLED
 AN ACT
 relating to the definition of a switchblade knife for purposes of
 the offense of prohibited weapons.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1. Section 46.01(11), Penal Code, is amended to
 read as follows:
 (11) "Switchblade knife" means any knife that has a
 blade that folds, closes, or retracts into the handle or sheath[,]
 and that[:
 [(A)] opens automatically by pressure applied to
 a button or other device located on the handle[;] or
 [(B)] opens or releases a blade from the handle
 or sheath by the force of gravity or by the application of
 centrifugal force. The term does not include a knife that has a
 spring, detent, or other mechanism designed to create a bias toward
 closure and that requires exertion applied to the blade by hand,
 wrist, or arm to overcome the bias toward closure and open the
 knife.
 SECTION 2. 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
 covered by the law in effect when 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 was committed before that
 date.
 SECTION 3. This Act takes effect September 1, 2009.
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