BILL ANALYSIS H.B. 932 By: Krusee 05-03-95 Committee Report (Unamended) BACKGROUND In 1993, the 73rd Legislature amended section 46.02 (Unlawful Carrying Weapons) of the Texas Penal Code by substituting "state military forces as defined by Section 431.001, Government Code," for "national guard," under the subsection covering defense to prosecution. Under section 46.03 (Places Weapons Prohibited) defense to prosecution language was not similarly substituted. PURPOSE This legislation will amend section 46.03(d)(2) by substituting "state military forces as defined by Section 431.001, Government Code," for "national guard." This is purely a technical correction to amend a section that was inadvertently overlooked in the previous legislature. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 46.03 of the Texas Penal Code by adding language to Subsection (d)(2) that states it is a defense to prosecution if a person possesses a firearm or club while in the discharge of duty as a member of the state military forces. SECTION 2. Effective Date. SECTION 3. Emergency Clause. SUMMARY OF COMMITTEE ACTION H.B. 932 was considered by the committee in a public hearing on March 21, 1995. The bill was referred to the subcommittee on "Right to Carry Legislation." H.B. 932 was considered by the subcommittee on "Right to Carry Legislation" in a public hearing on March 27, 1995. The bill was reported favorably without amendment to the full committee by record vote of 2 ayes, 0 nays, 0 pnv, 1 absent. H.B. 932 was considered by the committee in a public hearing on April 26, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.