By: Moody, et al. (Senate Sponsor - Perry) H.B. No. 446
(In the Senate - Received from the House April 11, 2019;
April 15, 2019, read first time and referred to Committee on
Criminal Justice; May 9, 2019, reported favorably by the following
vote: Yeas 5, Nays 0; May 9, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the criminal consequences of engaging in certain
conduct with respect to certain instruments designed, made, or
adapted for use in striking a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a handgun [or club]; and
(2) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
SECTION 2. Sections 46.05(a) and (e), Penal Code, as
amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the
85th Legislature, Regular Session, 2017, are reenacted and amended
to read as follows:
(a) A person commits an offense if the person intentionally
or knowingly possesses, manufactures, transports, repairs, or
sells:
(1) any of the following items, unless the item is
registered in the National Firearms Registration and Transfer
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
Explosives or otherwise not subject to that registration
requirement or unless the item is classified as a curio or relic by
the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun; or
(C) a short-barrel firearm;
(2) [knuckles;
[(3)] armor-piercing ammunition;
(3) [(4)] a chemical dispensing device;
(4) [(5)] a zip gun;
(5) [(6)] a tire deflation device; [or]
(6) [(7)] a firearm silencer, unless the firearm
silencer is classified as a curio or relic by the United States
Department of Justice or the actor otherwise possesses,
manufactures, transports, repairs, or sells the firearm silencer in
compliance with federal law; or
(7) an improvised explosive device.
(e) Except as otherwise provided by this subsection, an [An]
offense under this section [Subsection (a)(1), (3), (4), (5), or
(7)] is a felony of the third degree. An offense under Subsection
(a)(5) [(a)(6)] is a state jail felony. [An offense under
Subsection (a)(2) is a Class A misdemeanor.]
SECTION 3. Sections 46.15(d) and (g), Penal Code, are
amended to read as follows:
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm [or carrying of a club] do not apply to a
public security officer employed by the adjutant general under
Section 437.053, Government Code, in performance of official duties
or while traveling to or from a place of duty.
(g) The provisions of Section [Sections 46.02 and] 46.03
prohibiting the possession or carrying of a club do not apply to an
animal control officer who holds a certificate issued under Section
829.006, Health and Safety Code, and who possesses or carries an
instrument used specifically for deterring the bite of an animal
while the officer is in the performance of official duties under the
Health and Safety Code or is traveling to or from a place of duty.
SECTION 4. Sections 46.01(8) and 46.15(c), Penal Code, are
repealed.
SECTION 5. The changes in law made by this Act apply 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 governed
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 occurred before that date.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2019.
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