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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences of engaging in certain |
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conduct with respect to a switchblade knife. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.05(a), (d), and (e), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) an explosive weapon; |
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(2) a machine gun; |
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(3) a short-barrel firearm; |
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(4) a firearm silencer; |
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(5) [a switchblade knife;
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[(6)] knuckles; |
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(6) [(7)] armor-piercing ammunition; |
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(7) [(8)] a chemical dispensing device; |
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(8) [(9)] a zip gun; or |
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(9) [(10)] a tire deflation device. |
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(d) It is an affirmative defense to prosecution under this |
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section that the actor's conduct: |
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(1) was incidental to dealing with a [switchblade
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knife, springblade knife,] short-barrel firearm[,] or tire |
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deflation device solely as an antique or curio; |
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(2) was incidental to dealing with armor-piercing |
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ammunition solely for the purpose of making the ammunition |
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available to an organization, agency, or institution listed in |
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Subsection (b); or |
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(3) was incidental to dealing with a tire deflation |
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device solely for the purpose of making the device available to an |
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organization, agency, or institution listed in Subsection (b). |
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(e) An offense under Subsection (a)(1), (2), (3), (4), (6), |
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(7), or (8)[, or (9)] is a felony of the third degree. An offense |
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under Subsection (a)(9) [(a)(10)] is a state jail felony. An |
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offense under Subsection (a)(5) [or (6)] is a Class A misdemeanor. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |