By: Dutton (Senate Sponsor - Hinojosa)	H.B. No. 1862
	(In the Senate - Received from the House May 8, 2013;
	May 9, 2013, read first time and referred to Committee on Criminal
	Justice; May 17, 2013, reported favorably by the following vote:
	Yeas 7, Nays 0; May 17, 2013, sent to printer.)

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