HBA-NLM H.B. 199 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 199
By: Burnam
Criminal Jurisprudence
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, minors are not prohibited from possessing legal-length shotguns
and rifles in public. Gang-related violence and the use of long guns by
teenagers contribute to the public concern regarding this issue.  H.B.199
establishes that a minor who possesses a firearm other than a handgun
commits a Class A misdemeanor.  This bill also provides an exception for a
minor under the supervision of a parent or legal guardian while engaging in
lawful hunting or other sporting activities. 

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." Specifies that a minor commits a Class A misdemeanor if the minor
possesses a firearm other than a handgun.  Establishes that it is an
affirmative defense to prosecution under this section  if at the time of
commission of the offense the minor is engaging in lawful hunting or other
sporting  activity on the immediate premises or was directly en route
between the premises and the minor's residence if a firearm is commonly
used in the activity and the minor possesses a hunting license, or if the
minor is accompanied by a parent or legal guardian. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.