BILL ANALYSIS

H.B. 3136

By: Cain

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding a potential oversight in state law regarding the offense for the possession of a prohibited weapon on the premises of certain government courts or offices utilized by such a court. It has been suggested that the conduct constituting this offense inadvertently applies only to a limited area of those premises, which was not the original intent of the enacting legislation and could lead to someone unknowingly committing a crime for such possession despite receiving prior authorization for the possession. H.B. 3136 seeks to address this issue by revising certain elements of the offense.

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. 3136 amends the Penal Code to authorize a person who receives written authorization from a court to carry a firearm, location-restricted knife, club, or prohibited weapon on the premises of the court or offices utilized by the court to carry the weapon pursuant to such authorization on the premises of any court located on the same premises as the authorizing court or offices utilized by any such court.

EFFECTIVE DATE

September 1, 2019.