HBA-SEP H.B. 1925 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1925
By: Haggerty
Criminal Jurisprudence
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

When Texas executes an offender whose case has attracted national media
coverage, the execution site may draw protesters and supporters of the
death penalty in addition to media representatives.  A potentially
dangerous situation could occur  if individuals participating in
demonstrations near the execution site display weapons.  Prior to the 77th
Legislature, state law did not prohibit such a display at an execution
site. House Bill 1925 provides that it is a third degree felony for a
person to intentionally, knowingly, or recklessly possess or take a
firearm, illegal knife, club, or prohibited weapon within 1,000 feet of
premises the location of which is designated by the Texas Department of
Criminal Justice as a place of execution on a day that a sentence of death
is set to be imposed on the premises if the person received notice of the
prohibition. 

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. 

ANALYSIS

House Bill 1925 amends the Penal Code to provide that it is a third degree
felony for a person to intentionally, knowingly, or recklessly possess or
take a firearm, illegal knife, club, or prohibited weapon within 1,000 feet
of premises the location of which is designated by the Texas Department of
Criminal Justice as a place of execution on a day that a sentence of death
is set to be imposed on the premises if the person received notice of the
prohibition.  It is an exception if the actor possessed a firearm or club: 

_at the actor's residence or place of employment;
_while in a vehicle being driven on a public road; or 
_while in the actual discharge of official duties as a member of the armed
forces, state military forces, or an employee of a penal institution.     


EFFECTIVE DATE

September 1, 2001.