BILL ANALYSIS

 

 

 

H.B. 2239

By: Dutton

Criminal Jurisprudence

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee that employees of amusement parks and certain establishments that derive at least 51 percent of their income from alcohol often have legitimate reasons to possess knives with blades over 5.5 inches, which are prohibited in those locations. H.B. 2239 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. 2239 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. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

 

EFFECTIVE DATE

 

September 1, 2025.