HBA-NIK C.S.H.B. 2257 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2257 By: Allen Public Safety 4/16/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Section 46.03, Penal Code, provides that a person commits a third degree felony if the person possesses a prohibited weapon on the physical premises of a school or educational institution. Additionally, the law provides that "premises" includes a building or portion of a building, but does not include a driveway, street, sidewalk, or parking area. Consequently, it has been found that an individual cannot be prosecuted under Section 46.03 for bringing a firearm onto the parking lot of a school. C.S.H.B. 2257 includes in the definition of "premises," for the purposes of Section 46.03, a driveway, street, sidewalk, or parking area. RULEMAKING AUTHORITY It is in 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 Sections 46.03(c) and (f), Penal Code, to redefine "premises." Provides an exception that, as otherwise provided by law, it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H (License to Carry a Concealed Handgun), Chapter 411, Government Code. SECTION 2. Amends Section 46.15, Penal Code, by adding Subsection (e), to provide that Section 46.03(a)(1) (Places Weapons Prohibited) does not apply to a person who, on a specified part of the premises of a school or educational institution or related area, is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; or has a rifle or shotgun on the specified part of the premises of a school or educational institution or related area, if certain provisions are met. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2257 modifies the original bill by adding new SECTIONS 1, 2, and 3, as follows: SECTION 1. Amends Sections 46.03, Penal Code, to redefine "premises." Provides an exception that, as otherwise provided by law, it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a concealed handgun under Subchapter H (License to Carry a Concealed Weapon), Chapter 411, Government Code. SECTION 2. Amends Section 46.15, Penal Code, by adding Subsection (e), to provide that Section 46.03(a)(1) (Places Weapons Prohibited) does not apply to a person who, on specified part of the premises of a school or educational institution or related area, is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; or has a rifle or shotgun on the specified part of the premises of a school or educational institution or related area, if certain provisions are met. SECTION 3. Makes application of this Act prospective. Deletes SECTION 1 of the original bill which proposed to add Section 411.209 (Special Firearms Permit), Government Code, as follows: Sec. 411.209. SPECIAL FIREARMS PERMIT. (a) Authorizes the Texas Department of Public Safety (department), by rule, to adopt a permit process that authorizes a license holder or other individual to carry a concealed handgun or any other firearm. Requires the department to determine the form of any required applications, qualifications required of applicants, and the imposition of costs on applicants for permits. (b) Provides that the possession of a permit issued by the department provides the permit holder with an exception to the application of laws prohibiting the carrying of firearms in the same manner as is provided to peace officers by the laws of this state. Redesignates proposed SECTIONS 2 (effective date) to 3 (emergency clause) of the original bill to SECTIONS 4 to 5 of the substitute.