By: Moody, Stickland, Oliverson, Frullo,	H.B. No. 446
	et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the criminal consequences of engaging in certain
	conduct with respect to certain instruments designed, made, or
	adapted for use in striking a person.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.02(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if the person:
	(1)  intentionally, knowingly, or recklessly carries
	on or about his or her person a handgun [or club]; and
	(2)  is not:
	(A)  on the person's own premises or premises
	under the person's control; or
	(B)  inside of or directly en route to a motor
	vehicle or watercraft that is owned by the person or under the
	person's control.
	SECTION 2.  Sections 46.05(a) and (e), Penal Code, as
	amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the
	85th Legislature, Regular Session, 2017, are reenacted and amended
	to read as follows:
	(a)  A person commits an offense if the person intentionally
	or knowingly possesses, manufactures, transports, repairs, or
	sells:
	(1)  any of the following items, unless the item is
	registered in the National Firearms Registration and Transfer
	Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
	Explosives or otherwise not subject to that registration
	requirement or unless the item is classified as a curio or relic by
	the United States Department of Justice:
	(A)  an explosive weapon;
	(B)  a machine gun; or
	(C)  a short-barrel firearm;
	(2)  [knuckles;
	[(3)]  armor-piercing ammunition;
	(3) [(4)]  a chemical dispensing device;
	(4) [(5)]  a zip gun;
	(5) [(6)]  a tire deflation device; [or]
	(6) [(7)]  a firearm silencer, unless the firearm
	silencer is classified as a curio or relic by the United States
	Department of Justice or the actor otherwise possesses,
	manufactures, transports, repairs, or sells the firearm silencer in
	compliance with federal law; or
	(7)  an improvised explosive device.
	(e)  Except as otherwise provided by this subsection, an [An]
	offense under this section [Subsection (a)(1), (3), (4), (5), or
	(7)] is a felony of the third degree. An offense under Subsection
	(a)(5) [(a)(6)] is a state jail felony. [An offense under
	Subsection (a)(2) is a Class A misdemeanor.]
	SECTION 3.  Sections 46.15(d) and (g), Penal Code, are
	amended to read as follows:
	(d)  The provisions of Section 46.02 prohibiting the
	carrying of a firearm [or carrying of a club] do not apply to a
	public security officer employed by the adjutant general under
	Section 437.053, Government Code, in performance of official duties
	or while traveling to or from a place of duty.
	(g)  The provisions of Section [Sections 46.02 and] 46.03
	prohibiting the possession or carrying of a club do not apply to an
	animal control officer who holds a certificate issued under Section
	829.006, Health and Safety Code, and who possesses or carries an
	instrument used specifically for deterring the bite of an animal
	while the officer is in the performance of official duties under the
	Health and Safety Code or is traveling to or from a place of duty.
	SECTION 4.  Sections 46.01(8) and 46.15(c), Penal Code, are
	repealed.
	SECTION 5.  The changes in law made by this Act apply 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 when 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 6.  To the extent of any conflict, this Act prevails
	over another Act of the 86th Legislature, Regular Session, 2019,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 7.  This Act takes effect September 1, 2019.