H.B. 2086 78(R)    BILL ANALYSIS


H.B. 2086
By: Talton
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, only peace officers, employees of the Lower Colorado
River Authority (LCRA), and those specifically licensed for hunting by the
LCRA may carry weapons on LCRA land.  Current law also stipulates that if
a place of business or government entity prohibits carrying a concealed
handgun authorized under law on its property, it must prominently display
notice at the entrance of the premises.  Logistically, it is impossible
for the LCRA to post this notice on the 16,000 acres of recreational lands
under its control.  Consequently, it is possible that a person licensed to
carry a concealed handgun would unintentionally enter LCRA land without
first removing the handgun from the person's possession and thus violate
the law.  House Bill 2086 authorizes the possession and justified
discharge of a concealed handgun on LCRA lands for those who possess a
concealed handgun license. 

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

House Bill 2086 amends Section 62.082 of the Parks and Wildlife Code by
authorizing a person who possesses a concealed handgun license to carry a
concealed handgun on or across Lower Colorado River Authority lands.  The
bill also authorizes a person who possesses a concealed handgun license to
shoot a handgun on Lower Colorado River Authority lands if circumstances
justify the use of deadly force under Chapter 9 of the Penal Code.  A
state agency is prohibited from adopting rules that would ban a person who
possesses a concealed handgun license from crossing or entering the land
of the Lower Colorado River Authority with a handgun or shooting a handgun
if circumstances justify the use of deadly force.        

EFFECTIVE DATE

This Act takes effect September 1, 2003.