SRC-JBJ H.B. 2825 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2825
76R9858 GWK-DBy: Isett (Bernsen)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

Current law does not exclude from weapons prohibitions certain weapons
carried for historical reenactments.  This situation may hinder individuals
from accurately depicting historical events. H.B. 2825 would exclude a
replica of an antique or curio firearm from the definition of  "firearm,"
only if the replica does not use rim fire or center fire ammunition; and
would provide an exception to the prohibition on carrying certain knives
for a bowie knife or a sword carried for the purpose of a historic
demonstration or ceremony. 

PURPOSE

As proposed, H.B. 2825 amends regulations regarding the definitions of
various types of weapons for the purposes of criminal prosecutions and to a
defense to prosecution for certain weapon offenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 46.01(3), Penal Code, to redefine "firearm" to
exclude a firearms that is a replica of an antique or curio firearm
manufactured prior to 1899 or a replica of an antique or curio firearm
manufacture before 1899, but only if the replica does not use certain
ammunition. 

SECTION 2.  Amends Section 46.15, Penal Code, by adding Subsection (e), to
provides that the provisions of Section 46.02, Penal Code (Unlawful
Carrying Weapons), prohibiting the carrying of an illegal knife do not
apply to an individual carrying a bowie knife or a sword used in a
historical demonstration or in a ceremony in which the knife or sword is
significant to the performance of the ceremony.   

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.