By: Frazier H.B. No. 45
A BILL TO BE ENTITLED
AN ACT
relating to the definition of firearm for purposes of certain
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01(3), Penal Code, is amended to read
as follows:
(3) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use. Firearm does not include:
(A) a firearm that may have, as an integral part,
a folding knife blade or other characteristics of weapons made
illegal by this chapter and that is:
(i) [(A)] an antique or curio firearm
manufactured before 1899; or
(ii) [(B)] a replica of an antique or curio
firearm manufactured before 1899, but only if the replica does not
use rim fire or center fire ammunition; or
(B) a less-lethal projectile device.
SECTION 2. Section 46.01, Penal Code, is amended by adding
Subdivision (21) to read as follows:
(21) "Less-lethal projectile device" means any
weapon, device, or munition that is designed, made, or adapted to
expel a projectile or multiple projectiles against a target to
temporarily incapacitate the target while minimizing the risk of
serious bodily injury or death.
SECTION 3. The change in law made by this Act applies 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 on the date 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 4. This Act takes effect on the 91st day after the
last day of the legislative session.