HBA-DMD H.B. 2323 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2323 By: Jones, Charles Public Safety 4/8/1999 Introduced BACKGROUND AND PURPOSE Currently, there is some confusion among motorists as to whether it is legal to carry a concealed handgun in a person's vehicle. H.B. 2323 sets forth that the provision of Section 46.02 (Unlawful Carrying Weapons), Penal Code, prohibiting the carrying of a handgun does not apply to a person who is at least 21 years of age, has not been convicted of a felony, who was carrying the handgun in a motor vehicle that the person was operating, and who locked the handgun in a container in the vehicle or who rendered the handgun inoperable by using a trigger lock. 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 46.15, Penal Code, by adding Subsections (e) and (f), as follows: (e) Sets forth that the provision of Section 46.02 (Unlawful Carrying Weapons), Penal Code, prohibiting the carrying of a handgun does not apply to a person who at the time of the commission of the offense was at least 21 years of age, had not previously been convicted of a felony and was not serving a period of community supervision in connection with a felony, was carrying a concealed handgun in a motor vehicle that the person was operating, and had an established procedure for securing the handgun in the vehicle in a locked container or storage compartment or for temporarily rendering the handgun inoperable by a trigger lock or other means at any time the person was not in the vehicle. (f) Defines "motor vehicle" and "concealed handgun" in this section. SECTION 2. Makes application of this Act prospective. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.