| 1 | 1 | | By: Frazier H.B. No. 45 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the definition of firearm for purposes of certain |
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| 7 | 7 | | criminal offenses. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 46.01(3), Penal Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | (3) "Firearm" means any device designed, made, or |
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| 12 | 12 | | adapted to expel a projectile through a barrel by using the energy |
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| 13 | 13 | | generated by an explosion or burning substance or any device |
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| 14 | 14 | | readily convertible to that use. Firearm does not include: |
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| 15 | 15 | | (A) a firearm that may have, as an integral part, |
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| 16 | 16 | | a folding knife blade or other characteristics of weapons made |
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| 17 | 17 | | illegal by this chapter and that is: |
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| 18 | 18 | | (i) [(A)] an antique or curio firearm |
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| 19 | 19 | | manufactured before 1899; or |
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| 20 | 20 | | (ii) [(B)] a replica of an antique or curio |
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| 21 | 21 | | firearm manufactured before 1899, but only if the replica does not |
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| 22 | 22 | | use rim fire or center fire ammunition; or |
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| 23 | 23 | | (B) a less-lethal projectile device. |
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| 24 | 24 | | SECTION 2. Section 46.01, Penal Code, is amended by adding |
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| 25 | 25 | | Subdivision (21) to read as follows: |
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| 26 | 26 | | (21) "Less-lethal projectile device" means any |
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| 27 | 27 | | weapon, device, or munition that is designed, made, or adapted to |
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| 28 | 28 | | expel a projectile or multiple projectiles against a target to |
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| 29 | 29 | | temporarily incapacitate the target while minimizing the risk of |
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| 30 | 30 | | serious bodily injury or death. |
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| 31 | 31 | | SECTION 3. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense occurred |
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| 38 | 38 | | before that date. |
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| 39 | 39 | | SECTION 4. This Act takes effect on the 91st day after the |
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| 40 | 40 | | last day of the legislative session. |
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