BILL ANALYSIS
By: Hegar
Culture, Recreation, & Tourism
BACKGROUND AND PURPOSE
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.
As proposed, S.B. 535 creates a statutory exemption that allows concealed handgun license holders to carry weapons on LCRA land.
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
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 an employee of the LCRA, a person authorized to hunt under Subsection (c), a peace officer as defined by Article 2.12, Code of Criminal Procedure, or a person who possesses a concealed handgun and a license issued under the Government Code to carry a concealed handgun of the same category as a handgun the person is carrying, 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 under the Government Code.
(e) Prohibits a state agency, including the Parks and Wildlife Department, the Department of Public Safety, and the Lower Colorado River Authority from adopting a rule that prohibits a person who possesses a license issued under Subchapter H of the Government Code, from entering or crossing the land of the LCRA while possessing a concealed handgun of the same category as a handgun the person is licensed to carry, 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 license to carry.
SECTION 3. Makes application of this Act prospective by requiring that this Act applies only to an offense committed on or after the effective date. An offense committed before the effective date of the Act is covered by the law in effect at the time of the offence.
SECTION 4. Provides an effective date.
EFFECTIVE DATE
September 1, 2007.