Bill Text: TX SB289 | 2011-2012 | 82nd Legislature | Introduced

Texas Senate Bill 289 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of the offense of possession, manufacture, transportation, repair, or sale of a tire deflation device; providing criminal penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-31 - Referred to Criminal Justice [SB289 Detail]

Download: Texas-2011-SB289-Introduced.html

	82R1912 AJZ-D

	By: Lucio	S.B. No. 289



	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of possession, manufacture,
	transportation, repair, or sale of a tire deflation device;
	providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 46.01, Penal Code, is amended by adding
	Subdivision (17) to read as follows:
	(17) "Tire deflation device" means a device, including
	a caltrop or spike strip, that, when driven over, impedes or stops
	the movement of a wheeled vehicle by puncturing one or more of the
	vehicle's tires.
	SECTION 2. Section 46.05, Penal Code, is amended by
	amending Subsections (a) and (e) and adding Subsection (b-1) to
	read as follows:
	(a) A person commits an offense if the person [he]
	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;
	(7) armor-piercing ammunition;
	(8) a chemical dispensing device; [or]
	(9) a zip gun; or
	(10) a tire deflation device.
	(b-1) It is a defense to prosecution under this section that
	the actor's conduct 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 Subsections (a)(1)-(4) and (7)-(9)
	[~~this section~~] is a felony of the third degree [~~unless it is~~
	~~committed under Subsection (a)(5) or (a)(6), in which event, it is a~~
	~~Class A misdemeanor~~]. An offense under Subsection (a)(10) is a
	state jail felony. An offense under Subsections (a)(5) and (6) is a
	Class A misdemeanor.
	SECTION 3. This Act takes effect September 1, 2011.