JWW C.S.H.B. 2855 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 2855
By: Hupp
5-8-97
Committee Report (Substituted)



BACKGROUND 

As one of the 31 states which allow citizens to carry concealed weapons,
Texas is considered to have in place the most restrictive license
requirements.  The twenty-one year old minimum age requirement is a good
example.  Several states allow persons 18 or older to apply for a
concealed handgun. 

Since the concealed handgun law took effect, Texas has not experienced the
rash of violence that opponents of the law claimed would result from its
passage.  Allowing the legal carrying of handguns has not led to
lawlessness or reckless behavior.  As a result of the extensive
application process, most permit holders are safe and responsible.  

PURPOSE

This bill will lower the minimum age requirement from 21 to 18 years of
age, and will allow concealed handguns to be carried on the campus of
public educational institutes of higher education. 

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(f), Penal Code, to state that it is a
defense from prosecution under Subsection (a)(1) if the person was
licensed to carry a concealed handgun under Article,4413(29ee), Revised
Statutes, and the school is a public institution of higher education. 

SECTION 2. Section 2(a), Article 4413(29ee), Revised Statutes, is amended
as follows: 

(2) Changes the minimum age of eligibility to qualify for a concealed
handgun license from 21 to 18 years of age. 

(9) The person seeking a concealed handgun permit must be fully qualified
under applicable federal and state law to possess a handgun. 

SECTION 3. Changes made to the law by this Act apply only to offenses
committed after the effective date. 

SECTION 4. Effective Date: September 1, 1997.

SECTION 5. Emergency Clause.




 COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2 Section 2(a)(9), Article 4413 (29ee), Revised Statutes, is
amended to replace "purchase" with "possess."