88S30519 LHC-D
	By: West	S.B. No. 71

	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 that inflicts an electrical charge 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.

Statutes affected:
Introduced: Penal Code 46.01 (Penal Code 46)