C.S.S.B. 501 78(R)    BILL ANALYSIS


C.S.S.B. 501
By: Armbrister
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current Texas law regarding concealed handgun licenses lacks clarifying
language regarding where a license holder may lawfully carry a handgun.
C.S.S.B. 501 provides uniformity and consistency in Texas' concealed
handgun license law for both licensees and law enforcement. 

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.S.B.  501amends the Penal Code to provide that, as a defense to
prosecution of criminal trespass, the basis on which entry on the property
or land or in the building was forbidden is that entry with a handgun was
forbidden and the person was carrying a concealed handgun and a license to
do so. The bill provides that it is an exception to provisions governing
criminal trespass by a license holder when a  license holder carries a
handgun on a property owned or leased by a governmental entity and does
not constitute premises of property described by Section 46.03 ( Places
Weapons Prohibited) or 46.035 (Unlawful Carrying of Handgun by License
Holder).  

The bill also provides that a person commits an offense if the person
possesses certain weapons on the premises of any government court or
offices utilized by the court, rather than in any government court or
office utilized by the court, unless pursuant to written regulations or
authorization. 

EFFECTIVE DATE

September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the engrossed bill in SECTION 1, by deleting
proposed Section 30.05(g). It also differs by adding "or in the building"
to Section 30.05(f)(1) after "or land."  

The substitute also differs from the engrossed bill in proposed Section
30.06(e) by deleting "does not constitute premises of property described
by 46.03 and 46.035. For purposes of this subsection, 'premises' has the
meaning assigned by Section 46.035 (f)(3)." It is replaced  with "is not a
premises or other place on which a license holder is prohibited from
carrying the handgun under Section 46.03 and 46.035." The substitute also
deletes proposed Section 30.06(f).