BILL ANALYSIS

 

 

Senate Research Center	C.S.H.B. 2164
86R31665 JSC-F	By: Burns; Holland (Hughes)
	State Affairs
	5/10/2019
	Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The rationale behind this bill is to add another layer of security at public venues. By allowing off-duty police officers to carry at these public venues we are ensuring an extra level of safety.

 

This bill is designed to prevent these public venues from violating the law. They must comply with statute and allow these off-duty officers (attending an event at the venue) to carry.

 

Time and time again statistics indicate that active shooters will stand down when confronted with equal force.

 

Section 2.1305, Code of Criminal Procedure, prohibits private venues from preventing law enforcement from carrying�those that do prohibit officers from carrying are in violation of state law.

 

Officers or security guards (employed by the venue) have been required to prohibit their colleagues (attending an event at the venue) from lawfully carrying at the venue, in violation of state law. (Original Author's/Sponsor's Statement of Intent)

 

C.S.H.B. 2164 amends current law relating to imposing a civil penalty for prohibiting or otherwise restricting a peace officer or special investigator from carrying a weapon on certain premises open to the public.

 

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 Article 2.1305, Code of Criminal Procedure, by adding Subsection (c), as follows:

 

(c) Provides that an establishment serving the public that violates this article (Carrying Weapon on Certain Premises) is subject to a civil penalty in the amount of $1,000 for each violation. Authorizes the Texas attorney general to sue to collect a civil penalty under this subsection. Requires money collected under this subsection to be deposited in the state treasury to the credit of the general revenue fund. �

 

SECTION 2. Effective date: September 1, 2019.