HBA-RBT H.B. 1035 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1035
By: Hupp
Public Safety
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Rapes, murders, abductions, and assaults occur at institutions of higher
education.  Currently, it is unlawful to carry a concealed weapon on the
campus of a public college or university.  H.B. 1035 allows a person to
carry a concealed weapon at an institute of higher education if the person
has a license to do so.  This bill also prohibits a concealed weapon at
collegiate sporting events or interscholastic events. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 46.15, Penal Code, by adding Subsection (e), as
follows: 

(e) Provides that Section 46.03(a)(1), Penal Code, prohibiting possession
of weapons relating to schools, does not apply to a person who is carrying
a concealed handgun and a license issued under Subchapter H, Chapter 411,
Government Code (License to Carry a Concealed Handgun), to carry a
concealed handgun of the same category as the handgun the person is
carrying and the person goes on the physical premises of an institution of
higher education, as defined by Section 61.003, Education Code, to be any
public technical institute, public junior college, public senior college or
university, medical or dental unit, or other agency of higher education,
other than the premises on which a collegiate sporting event or
interscholastic event is taking place. 

SECTION 2.  Amends Section 46.03(f), Penal Code, to provide that except as
otherwise provided by law it is not a defense to prosecution under this
section (Places Weapons Prohibited) that the actor possessed a handgun and
was licensed to carry a concealed weapon under Subchapter H, Chapter 411,
Government Code.. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.