HBA-MPM H.B. 186 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 186
By: Longoria
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law does not regulate the ownership of firearms other than
handguns by individuals of any age, even minors.  While minors may not
possess handguns, they may possess other types of firearms, such as rifles
or shotguns, without violating the law.  H.B. 186 gives cities the
authority to enforce an ordinance regulating the possession of firearms
other than handguns by persons younger than 17 years of age. 

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 46, Penal Code, by adding Section 46.021, as
follows: 

Sec. 46.021.  UNLAWFUL POSSESSION OF CERTAIN FIREARMS BY MINOR. Defines
"minor" as an individual younger than 17 years of age, is not married, and
has not had the disabilities of minority removed.  Specifies that a minor
commits an offense if the minor possesses a firearm other than a handgun.
Sets forth that it is an affirmative defense to prosecution if the actor
was engaging in lawful hunting or other sporting activity on the premises
where the activity is conducted, was en route between the premises and the
actor's residence, or the actor was accompanied by a parent or legal
guardian at the time of the commission of the offense.  Specifies that an
offense under this section is a Class C misdemeanor. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.