Texas House Bill HB47

Texas 2011 - 82nd Regular

• Introduced: 11/8/10
• Refer: 2/9/11

Caption

Relating to the creation of the offense of possession, manufacture, transportation, repair, or sale of a tire deflation device; providing criminal penalties.

Impact

By amending the Texas Penal Code, HB 47 establishes legal repercussions for individuals caught dealing in tire deflation devices. An offense related to these devices will classify as a state jail felony, which indicates a significant consequence for possession or distribution. Moreover, the bill offers a defense to prosecution if the actions related to the tire deflation device were incidental to providing it to specific organizations or agencies, thereby recognizing some lawful uses of such equipment.

Summary

House Bill 47 seeks to create an offense related to the possession, manufacture, transportation, repair, or sale of tire deflation devices. It defines a tire deflation device as any device that can impede or stop the movement of a wheeled vehicle by puncturing its tires, with specific examples including caltrops and spike strips. The bill aims to address concerns regarding the use of such devices, which can be harmful in various contexts, primarily focusing on enhancing public safety and regulating potentially dangerous items.

Sentiment

The sentiment around the bill appears to be largely supportive among those advocating for public safety. Proponents argue that the regulation of tire deflation devices is necessary to prevent their misuse, which could endanger individuals and property. However, there may be some concerns from civil liberties advocates regarding the implications of criminalizing the possession of such devices, potentially highlighting a balance that needs to be struck between public safety and individual rights.

Contention

One notable point of contention surrounding HB 47 could be the classification of tire deflation devices and the broad nature of the defined offenses. Critics may argue that the bill could inadvertently criminalize activities that are deemed necessary for law enforcement agencies or other specific entities. Discussions may revolve around how the classification impacts not just individual rights but also operational capabilities for legitimate public services, calling into question the bill's approach to balancing safety with practical law enforcement needs.