BILL ANALYSIS

H.B. 1311

By: Dutton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

During the 85th Legislative Session, the legislature passed H.B. 1935, which removed antiquated restrictions on certain knives that were not defined in statute and created a new class of knife called a "location-restricted knife" with the stated purpose of restricting knives with blades over 5.5 inches long from the same places where firearms are restricted. However, this law has had unintended consequences for amusement parks and for establishments that derive at least 51 percent of their income from alcohol, as employees at these establishments must often possess a knife with a blade over 5.5 inches. As a result, such employees violate the law despite possessing these knives without criminal intent. H.B. 1311 seeks to address this issue by providing an exception to the offense of possessing or carrying a location-restricted knife for 51-percent establishments and amusement parks. 

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. 1311 amends the Penal Code to create an exception to the application of the offense of possessing or carrying a location-restricted knife in the following locations:

· the premises of a business that has a specified alcoholic beverage permit or license and derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption; and

· an amusement park.

The bill applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.