BILL ANALYSIS



H.B. 981
By: Hirschi
3-6-95
Committee Report (Unamended)


BACKGROUND

Section 9.31 of the Texas Penal Code states that a person may
legitimately use force in self defense under certain circumstances.
The 73rd Legislature amended the Penal Code disallowing a claim of
self defense when a person unlawfully carries a handgun, illegal
knife or club while seeking an explanation from or discussion with
another person about their respective differences. Other illegal
weapons were not explicitly listed. 


PURPOSE

H.B. 981 adds explosive weapons, machine guns, short-barrel
firearms, firearm silencers, switchblade knives, knuckles, armor-piercing ammunition, chemical dispensing devices, or zip guns to
the list of weapons that if carried to the scene do not justify a
claim of self defense. 


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 9.31 (b) of the Penal Code to include
"weapons prohibited under Section 46.05" in the list of weapons one
may not be carrying when one seeks an explanation and uses force.

SECTION 2. Provides that the change in Section 9.31 (b) Penal Code
applies only to the offenses committed after the effective date of
this act.

SECTION 3:  Effective date: September 1, 1995.

SECTION 4:  Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 981 was considered in a public hearing on March 6, 1995.  The
following person testified in favor of the bill:

     Barry Macha, representing himself.

The following persons testified on the bill:

     Donald A. Loucks and Paul Velte IV, representing the Peaceable
     Texans for Firearm Rights.

On March 6, 1995, H.B. 981 was reported favorably without
amendment, with the recommendation that it do pass and be printed,
by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.