BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 535

                                                                                                                                            By: Hegar

                                                                                                                               Natural Resources

                                                                                                                                              7/3/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law prohibits the possession of weapons on or across the lands of the Lower Colorado River Authority (LCRA).  This statute is not currently enforced and concealed handgun license holders carry handguns on and across LCRA lands without punishment.

 

S.B. 535 creates a statutory exemption that allows concealed handgun license holders to carry weapons on LCRA land.

 

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 the heading to Section 62.082, Parks and Wildlife Code, to read as follows:

 

Sec. 62.082. TARGET RANGES, MANAGED HUNTS, AND OTHER EXCEPTIONS; RULES.

 

SECTION 2. Amends Section 62.082, Parks and Wildlife Code, by amending Subsection (d) and adding Subsection (e), as follows:

 

(d) Provides that Section 62.081 (Weapons Prohibited), Parks and Wildlife Code, does not apply to a person who possesses a concealed handgun and a license issued under Subchapter H (License to Carry a Concealed Handgun), Chapter 411, Government Code, to carry a concealed handgun of the same category, or who, under circumstances in which the person would be justified in using deadly force under Chapter 9 (Justification Excluding Criminal Responsibility), Penal Code, shoots a handgun of the same category as a handgun the person is licensed to carry.

 

(e) Prohibits a state agency, including the Parks and Wildlife Department, the Department of Public Safety, and the Lower Colorado River Authority (LCRA) from adopting a rule that prohibits a person who possesses a license issued under Subchapter H, Chapter 411, Government Code, from entering or crossing LCRA land while possessing a concealed handgun of the same category as that for which the person is licensed, or who, under circumstances in which the person would be justified in using deadly force under Chapter 9, Penal Code, shoots a handgun of the same category as a handgun the person is licensed to carry.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2007.