Bill Text: TX HB446 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Passed) 2019-05-25 - Effective on 9/1/19 [HB446 Detail]

Download: Texas-2019-HB446-Comm_Sub.html
 
 
  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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