HBA-RBT H.B. 1035 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1035 By: Hupp Public Safety 4/7/1999 Introduced BACKGROUND AND PURPOSE Rapes, murders, abductions, and assaults occur at institutions of higher education. Currently, it is unlawful to carry a concealed weapon on the campus of a public college or university. H.B. 1035 allows a person to carry a concealed weapon at an institute of higher education if the person has a license to do so. This bill also prohibits a concealed weapon at collegiate sporting events or interscholastic events. 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, Penal Code, by adding Subsection (e), as follows: (e) Provides that Section 46.03(a)(1), Penal Code, prohibiting possession of weapons relating to schools, does not apply to a person who is carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code (License to Carry a Concealed Handgun), to carry a concealed handgun of the same category as the handgun the person is carrying and the person goes on the physical premises of an institution of higher education, as defined by Section 61.003, Education Code, to be any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education, other than the premises on which a collegiate sporting event or interscholastic event is taking place. SECTION 2. Amends Section 46.03(f), Penal Code, to provide that except as otherwise provided by law it is not a defense to prosecution under this section (Places Weapons Prohibited) that the actor possessed a handgun and was licensed to carry a concealed weapon under Subchapter H, Chapter 411, Government Code.. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.