H.B. No. 4456
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4456 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4456 on May 29, 2009, by the following vote: Yeas 144, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4456 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor