BILL ANALYSIS


                                                     C.S.S.B. 840
                                                        By: Brown
                                                 Criminal Justice
                                                         05-03-95
                                   Committee Report (Substituted)
BACKGROUND

The U.S. Supreme Court is currently deliberating on U.S. v. Lopez,
which relates to the constitutionality of the federal Gun Free Zone
Act.  The U.S. Fifth Circuit Court of Appeals ruled the bill
unconstitutional because the federal firearm statutes generally
require a connection to interstate commerce.  If the supreme court
declares the federal law unconstitutional due to the violation of
the commerce clause, then no state law would be in place to enforce
a gun free zone around schools.

PURPOSE

As proposed, C.S.S.B. 840 creates a gun and weapon free zone around
schools.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 46.03, Penal Code, as follows:

     (a)  Provides that a person commits an offense if, with a
     firearm, illegal knife, club, or prohibited weapon listed in
     Section 46.05(a), the person intentionally, knowingly, or
     recklessly goes on the physical premises of a school, an
     institution of higher education, or passenger vehicle of a
     school or institution of higher education unless certain
     conditions apply.
     
     (b)  Makes no change.
     
     (c)  Defines "institution of higher education," and "school." 
     Redefines "secured area."
     
     (d) and (e)  Make no change.
     
     (f)  Sets forth the conditions of possession of a firearm or
     club that are defenses to prosecution under Subsection
     (a)(1)(C).
     (g)  Provides that an offense under this section is a third
     degree felony.
SECTION 2. Makes application of this Act prospective.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.