BILL ANALYSIS

H.B. 2960

By: Cain

Community Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is a need to restore the good faith exception to the applicability of laws concerning offenses for the unlawful carrying of firearms, which was almost entirely removed during the passage of the Firearm Carry Act of 2021 by the 87th Legislature. H.B. 2960 seeks to protect innocent individuals from unintended legal consequences resulting from unknowingly carrying handguns into prohibited areas due to a lack of awareness about the prohibition by repealing provisions that make a defense to prosecution for individuals who unintentionally carry handguns into such locations inapplicable under certain circumstances.

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. 2960 repeals provisions of the Penal Code that do the following:

· authorize a person to provide notice that firearms and other weapons are prohibited on the applicable premises or property by posting a sign indicating that prohibition at each entrance to the premises or property; and

· make the defense to prosecution for carrying a handgun on a premises or other property where weapons are prohibited for a person who personally received notice that carrying a weapon on the premises or property was prohibited and then promptly departed inapplicable if such a sign was posted prominently at each entrance to the premises or other property or, at the time of the offense, the actor knew that carrying a weapon on the premises or property was prohibited.

The bill applies only to an offense committed on or after the bill's effective date and 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.

H.B. 2960 repeals Sections 46.15(n) and (o), Penal Code.

EFFECTIVE DATE

September 1, 2023.