BILL ANALYSIS

H.B. 2298

By: Pickett

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There are a number of public venues, such as theme parks, concert halls, sports venues, and night clubs, that require people to be screened for weapons before they are allowed to enter the venue. Interested parties report instances in which armed, off-duty peace officers have been told they cannot enter the venue while carrying a weapon. Such policies are cause for concern among the interested parties, who note the possibility that an off-duty peace officer may be called upon to take action in self-defense or in defense of the safety and well-being of the public. H.B. 2298 seeks to address these concerns.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 2298 amends the Code of Criminal Procedure to prohibit an establishment serving the public from prohibiting or otherwise restricting a peace officer or special investigator from carrying on its premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon.

EFFECTIVE DATE

September 1, 2015.