S.B. 103 78(R)    BILL ANALYSIS


S.B. 103
By: Van de Putte
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, the Texas Penal Code contains separate sets of laws, one for
peace officers and another for concealed handgun permit holders, regarding
where a person shall not carry a concealed weapon. This distinction is
sometimes unclear to employees of establishments that serve the public,
which can result in misunderstandings between employees and peace officers
and a misapplication of the law.  Senate Bill 103 addresses this issue by
adding language to the Penal Code specifying that a peace officer is
authorized to carry weapons anywhere in the state, including a public
place.  Senate Bill 103 also extends this ability to special investigators
and peace officers from other states if that state allows Texas peace
officers to carry in that state.   
  

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

Senate Bill 103 amends Section 46.15(a), Penal Code, to provide that
Section 46.02 (Unlawful Carrying Weapons) and Section 46.03 (Places
Weapons Prohibited) do not apply to commissioned peace officers of another
state that allows peace officers commissioned in Texas to carry weapons in
the other state or to special investigators described by Article 2.122 of
the Code of Criminal Procedure.  The bill further amends Section 46.15(a)
to provide that the exemption from the prohibition against carrying
weapons, which applies anywhere in this state, includes an establishment
in this state serving the public, regardless of whether the peace officer
or special investigator is engaged in the actual discharge of duties.   


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.