|   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
            
               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 or multiple projectiles 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. |