1-1 AN ACT
1-2 relating to the definitions of various types of weapons for the
1-3 purposes of criminal prosecutions and to a defense to prosecution
1-4 for certain weapon offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.01(3), Penal Code, is amended to read
1-7 as follows:
1-8 (3) "Firearm" means any device designed, made, or
1-9 adapted to expel a projectile through a barrel by using the energy
1-10 generated by an explosion or burning substance or any device
1-11 readily convertible to that use. Firearm does not include a
1-12 firearm [antique or curio firearms that were manufactured prior to
1-13 1899 and] that may have, as an integral part, a folding knife blade
1-14 or other characteristics of weapons made illegal by this chapter
1-15 and that is:
1-16 (A) an antique or curio firearm manufactured
1-17 before 1899; or
1-18 (B) a replica of an antique or curio firearm
1-19 manufactured before 1899, but only if the replica does not use rim
1-20 fire or center fire ammunition.
1-21 SECTION 2. Section 46.15, Penal Code, is amended by adding
1-22 Subsection (e) to read as follows:
1-23 (e) The provisions of Section 46.02 prohibiting the carrying
1-24 of an illegal knife do not apply to an individual carrying a bowie
2-1 knife or a sword used in a historical demonstration or in a
2-2 ceremony in which the knife or sword is significant to the
2-3 performance of the ceremony.
2-4 SECTION 3. (a) The changes in law made by this Act to
2-5 Sections 46.01 and 46.15, Penal Code, apply only to an offense
2-6 committed on or after the effective date of this Act. For purposes
2-7 of this section, an offense is committed before the effective date
2-8 of this Act if any element of the offense occurs before the
2-9 effective date.
2-10 (b) An offense committed before the effective date of this
2-11 Act is covered by the law in effect when the offense was committed,
2-12 and the former law is continued in effect for that purpose.
2-13 SECTION 4. This Act takes effect September 1, 1999.
2-14 SECTION 5. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2825 was passed by the House on May
11, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2825 on May 27, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2825 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2825 was passed by the Senate, with
amendments, on May 25, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2825 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor