C.S.H.B. 284 78(R)    BILL ANALYSIS


C.S.H.B. 284
By: Ellis
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the offense of unlawfully carrying a weapon does not
apply if a person possesses a handgun, illegal knife, or club on the
person's own premises.  However, there is confusion as to whether it is
legal to carry firearms or knives in a recreational vehicle, which can be
considered temporary living quarters, regardless of whether the use is
temporary or permanent.  C.S.H.B. 284 makes it lawful for a person to
carry a handgun, illegal knife, or club in that person's recreational
vehicle. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 284 amends the Penal Code to provide that an offense of
unlawfully carrying a weapon does not apply if the person carrying the
handgun, illegal knife, or club is on the person's own premises, including
a recreational vehicle that is being used by the person as a living
quarters, regardless of whether that use is temporary or permanent.   

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 284 expands the definition of recreational vehicle to include a
vehicle that contains temporary living quarters and is designed to be
towed by a motor vehicle. The term also includes travel trailers, camping
trailers, truck campers, motor homes, and horse trailers with living
quarters.