BILL ANALYSIS

 

 

Senate Research Center	H.B. 1407
87R4374 JSC-F	By: Schaefer et al. (Hughes)
	State Affairs
	4/28/2021
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

It has been noted that individuals with a license to carry a handgun are permitted to carry a handgun on their person when in a motor vehicle, but are subject to prosecution if the handgun is visible in the motor vehicle, but not on their person. H.B. 1407 seeks to close this loophole by allowing a license holder to have a handgun visible in their vehicle, regardless of whether it is on their person, as long as the handgun is in a holster.

 

H.B. 1407 amends current law relating to the carrying of a handgun by a license holder in a motor vehicle.

 

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 Section 46.035(a), Penal Code, to provide that it is an exception to the application of this subsection (relating to the offense of intentionally displaying a handgun in a public place) that the handgun was partially or wholly visible but was in a holster, and the handgun and the license holder were in a motor vehicle.

 

SECTION 2. Makes application of this Act prospective to January 1, 2022.

 

SECTION 3. Effective date: September 1, 2021.