SRC-MWN S.B. 819 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 819
77R7566 JMC-DBy: Armbrister
Criminal Justice
3/11/2001
As Filed


DIGEST AND PURPOSE 

In recent years, a variety of political subdivisions have implemented
ordinances, policies, or rules to prohibit the licensed carrying of
handguns on property or premises under control of that entity. A recent
attorney general opinion states that the power to regulate firearms from
certain property or premises, except as otherwise provided by federal law,
is granted solely to the state legislature, not to political subdivisions.
As proposed, S.B. 819 establishes that a concealed handgun license holder
commits an offense by carrying a handgun on property, other than
governmental property without effective consent by the property owner, and
that the legislature has the exclusive authority to regulate the carrying
of a handgun. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 30.06(a), Penal Code, to provide that a license
holder commits an offense if the license holder commits certain acts
including carrying a handgun under the authority of Chapter 411H (License
to Carry a Canceled Handgun), Government Code, on property, other than
government property, of another without effective consent. 

SECTION 2. Amends Chapter 411H, Government Code, by adding Section 411.209,
as follows: 

Sec. 411.209. EXCLUSIVE REGULATORY AUTHORITY. Provides that the
legislature, except as otherwise provided by federal law, has the exclusive
authority to regulate the carrying of a handgun. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2001.