HBA-CMT C.S.H.B. 2353 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2353
By: Hupp
Public Safety
3/22/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a person commits an offense if the person intentionally,
knowingly, or recklessly possesses a firearm on the physical premises of a
school or educational institution, any grounds or  building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or educational
institution.  In light of recent school shootings, school districts have
been searching for ways to ensure the safety of students and school
personnel.  Many schools have installed metal detectors and hired armed
security guards to prevent such tragedies.  However, many rural school
districts do not have the resources to purchase metal detectors or hire
armed guards. C.S.H.B. 2353 allows a person to carry a handgun on certain
school property and at locations where certain sporting events are taking
place, provided written authorization is given. 

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

C.S.H.B. 2353 amends the Penal Code authorize a person to carry a concealed
handgun or weapon on the physical premises of a school or educational
institution, any grounds or building on which an activity sponsored by a
school is being conducted including a sporting event, or a passenger
transportation vehicle if written authorization is received from the
school.  The bill also authorizes a person licensed to carry a handgun to
possess a handgun on the premises where a highschool, collegiate,
professional, or interscholastic sporting event is taking place if the
person has obtained written permission from the highschool or college or,
if the event is an interscholastic event, one of the schools participating
in the event.  
EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2353 modifies the original by no longer authorizing a principal or
superintendent who possesses a license to carry a concealed handgun, to
carry a handgun on school grounds in certain counties.  The substitute now
authorizes any person who receives written authorization from the school to
carry a handgun or weapon, and a person licensed to carry a handgun to
possess a handgun on the premises of a sporting event with written
authorization of the high school of college or, if the event is an
interscholastic event, one of the schools participating in the event.