82R3273 AJZ-D
By: Hinojosa S.B. No. 1416
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 Subsection (a) 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).
SECTION 3. This Act takes effect September 1, 2011.