HBA-ATS H.B. 305 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 305
By: Hupp
Public Safety
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Violent outbreaks in Texas courtrooms during recent years prompted
legislators to pass a law allowing state judges to carry handguns on their
person if they are licensed to do so.  Recently, due to various repeals and
codifications of the applicable law, questions have arisen as to whether
the statutorily granted eligibility of judges to carry concealed handguns
extends to certain physical locations, such as courts, airports, and
schools.  H.B. 305 allows judges to carry handguns on their person, and in
any otherwise prohibited place, regardless of whether they are engaged in
their official duties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 46.15(a), Penal Code, to provide that a judge or
justice is not prohibited by Section 46.02 (Unlawful Carrying Weapons) or
Section 46.03 (Places Weapons Prohibited) from carrying a weapon in this
state, regardless of whether the judge or justice is engaged in the actual
discharge of duties while carrying the weapon.  Deletes qualification that
these sections do not apply to judges who are licensed to carry a handgun
under Article 4413(29ee), V.T.C.S. (repealed by Acts 1997, 75th Leg.,
Chapter 165, Section 10.01(b), effective September 1, 1997). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.