HBA-MPM, DMD H.B. 1168 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1168
By: Thompson
County Affairs
9/14/1999
Enrolled


BACKGROUND AND PURPOSE 

Many courthouses throughout the state maintain security checkpoints to
prevent weapons and other items from entering the courthouse.  Many
counties provide employee identification cards which allow them to bypass
security checkpoints; however, some people entering the courthouse are
frequent visitors and are not security risks.   H.B. 1168 authorizes
certain county commissioners courts to issue identification cards which
permit certain individuals into a county building that houses a justice
court, county court, county court at law, or district court without passing
though the security services.  Additionally, the bill authorizes the
commissioners court to assess a fee for the issuance of the identification
card to individuals other than county employees.  Furthermore, it
stipulates that these individuals may not possess a firearm in the
courthouses or offices or other areas used by the court. 

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 Chapter 291, Local Government Code, by adding Section
291.010, as follows: 

Sec. 291.010.  SECURITY SERVICES IDENTIFICATION CARD.  (a) Authorizes a
commissioners court of a county with a population of 2.8 million or more to
sanction the issuance of an identification card which permits individuals
into a  county building that houses a justice court, county court, county
court at law, or district court without passing through the security
services provided under Article 102.017 (Court Costs; Courthouse Security
Fund; Municipal Court Building Security Fund), Code of Criminal Procedure.
Authorizes a commissioners court to set a reasonable fee for the issuance
of the identification card to individuals other than county employees. 

(b) Requires the commissioners court to adopt standards for issuing an
identification card to ensure public safety and security. 

(c) Stipulates that this section does not authorize a person to possess a
firearm as defined by Section 46.01 (Definitions), Penal Code, in a county
building housing a justice, county, or district court or county court at
law.  Subjects a person possessing such a firearm in any of these courts or
in any office used by the court without the court's written authorization
or without complying with any written regulation of the court to penalties
provided by Chapter 46 (Weapons), Penal Code. 

"Firearm," as described by Section 46.01, Penal Code, means any device
designed, made, or adapted to expel a projectile through a barrel by using
the energy generated by an explosion or burning substance or any device
readily convertible to that use.  This definition does not include certain
antique or curio firearms manufactured prior to 1899. 

SECTION 2.Emergency clause.
  Effective date: upon passage.