Texas 2019 - 86th Regular

Texas House Bill HB446 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 446
	1	+	By: Moody, et al. (Senate Sponsor - Perry) H.B. No. 446
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 9, 2019, reported favorably by the following
	5	+	vote: Yeas 5, Nays 0; May 9, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the criminal consequences of engaging in certain
6	12		conduct with respect to certain instruments designed, made, or
7	13		adapted for use in striking a person.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 46.02(a), Penal Code, is amended to read
10	16		as follows:
11	17		(a) A person commits an offense if the person:
12	18		(1) intentionally, knowingly, or recklessly carries
13	19		on or about his or her person a handgun [or club]; and
14	20		(2) is not:
15	21		(A) on the person's own premises or premises
16	22		under the person's control; or
17	23		(B) inside of or directly en route to a motor
18	24		vehicle or watercraft that is owned by the person or under the
19	25		person's control.
20	26		SECTION 2. Sections 46.05(a) and (e), Penal Code, as
21	27		amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the
22	28		85th Legislature, Regular Session, 2017, are reenacted and amended
23	29		to read as follows:
24	30		(a) A person commits an offense if the person intentionally
25	31		or knowingly possesses, manufactures, transports, repairs, or
26	32		sells:
27	33		(1) any of the following items, unless the item is
28	34		registered in the National Firearms Registration and Transfer
29	35		Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
30	36		Explosives or otherwise not subject to that registration
31	37		requirement or unless the item is classified as a curio or relic by
32	38		the United States Department of Justice:
33	39		(A) an explosive weapon;
34	40		(B) a machine gun; or
35	41		(C) a short-barrel firearm;
36	42		(2) [knuckles;
37	43		[(3)] armor-piercing ammunition;
38	44		(3) [(4)] a chemical dispensing device;
39	45		(4) [(5)] a zip gun;
40	46		(5) [(6)] a tire deflation device; [or]
41	47		(6) [(7)] a firearm silencer, unless the firearm
42	48		silencer is classified as a curio or relic by the United States
43	49		Department of Justice or the actor otherwise possesses,
44	50		manufactures, transports, repairs, or sells the firearm silencer in
45	51		compliance with federal law; or
46	52		(7) an improvised explosive device.
47	53		(e) Except as otherwise provided by this subsection, an [An]
48	54		offense under this section [Subsection (a)(1), (3), (4), (5), or
49	55		(7)] is a felony of the third degree. An offense under Subsection
50	56		(a)(5) [(a)(6)] is a state jail felony. [An offense under
51	57		Subsection (a)(2) is a Class A misdemeanor.]
52	58		SECTION 3. Sections 46.15(d) and (g), Penal Code, are
53	59		amended to read as follows:
54	60		(d) The provisions of Section 46.02 prohibiting the
55	61		carrying of a firearm [or carrying of a club] do not apply to a
56	62		public security officer employed by the adjutant general under
57	63		Section 437.053, Government Code, in performance of official duties
58	64		or while traveling to or from a place of duty.
59	65		(g) The provisions of Section [Sections 46.02 and] 46.03
60	66		prohibiting the possession or carrying of a club do not apply to an
61	67		animal control officer who holds a certificate issued under Section
62	68		829.006, Health and Safety Code, and who possesses or carries an
63	69		instrument used specifically for deterring the bite of an animal
64	70		while the officer is in the performance of official duties under the
65	71		Health and Safety Code or is traveling to or from a place of duty.
66	72		SECTION 4. Sections 46.01(8) and 46.15(c), Penal Code, are
67	73		repealed.
68	74		SECTION 5. The changes in law made by this Act apply only to
69	75		an offense committed on or after the effective date of this Act. An
70	76		offense committed before the effective date of this Act is governed
71	77		by the law in effect when the offense was committed, and the former
72	78		law is continued in effect for that purpose. For purposes of this
73	79		section, an offense was committed before the effective date of this
74	80		Act if any element of the offense occurred before that date.
75	81		SECTION 6. To the extent of any conflict, this Act prevails
76	82		over another Act of the 86th Legislature, Regular Session, 2019,
77	83		relating to nonsubstantive additions to and corrections in enacted
78	84		codes.
79	85		SECTION 7. This Act takes effect September 1, 2019.
80		-	______________________________ ______________________________
81		-	President of the Senate Speaker of the House
82		-	I certify that H.B. No. 446 was passed by the House on April
83		-	9, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
84		-	voting.
85		-	______________________________
86		-	Chief Clerk of the House
87		-	I certify that H.B. No. 446 was passed by the Senate on May
88		-	15, 2019, by the following vote: Yeas 31, Nays 0.
89		-	______________________________
90		-	Secretary of the Senate
91		-	APPROVED: _____________________
92		-	Date
93		-	_____________________
94		-	Governor
	86	+	* * * * *