HBA-RBT H.B. 1199 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1199
By: Danburg
Public Safety
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

According to a January 1999 report by the United States Treasury Department
and the Department of Justice, criminal investigations by the Bureau of
Alcohol, Tobacco, and Firearms (ATF) reveal a wide variety of violations
occurring at gun shows and substantial numbers of firearms associated with
gun shows being used in drug crimes and crimes of violence, as well as
being passed illegally to juveniles.  Instant background checks are
currently not required under federal law and the casual atmosphere at gun
shows has allowed felons, although prohibited from acquiring firearms, to
purchase firearms at gun shows.  H.B. 1199 prohibits sales of firearms at
gun shows to persons who do not have a license to carry a concealed
handgun, unless the seller performs an instant background check before
completing the sale. 
 
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 46.01, Penal Code, by adding Subdivision (17),
as follows: 

(17) Defines "gun show."

SECTION 2.  Amends Chapter 46, Penal Code, by adding Section 46.065, as
follows: 

Sec.  46.065.  CERTAIN FIREARM SALES AT GUN SHOW PROHIBITED.  Provides that
a person commits a felony of the third degree if the person knowingly sells
a firearm in exchange for money or other consideration at a gun show to
another person who is not licensed to carry a concealed handgun.  Provides
that this section does not apply if the seller complies with the national
instant criminal background check system in the manner required by federal
law before completing the sale. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.