82R1912 AJZ-D
By: Peña H.B. No. 47
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.
SECTION 2. Section 46.05, Penal Code, is amended by
amending Subsections (a) and (e) and adding Subsection (b-1) 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.
(b-1) It is a defense to prosecution under this section that
the actor's conduct 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 Subsections (a)(1)-(4) and (7)-(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 Subsections (a)(5) and (6) is a
Class A misdemeanor.
SECTION 3. This Act takes effect September 1, 2011.