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.