HBA-NMO H.B. 2825 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2825
By: Isett
Criminal Jurisprudence
8/5/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, state law did not exclude from weapons
prohibitions certain weapons carried for historical reenactments.  This
situation may have hindered individuals from accurately depicting
historical events.  H.B. 2825 excludes a replica of an antique or curio
firearm from the definition of  "firearm," only if the replica does not use
rim fire or center fire ammunition; and provides an exception to the
prohibition on carrying certain knives for a bowie knife or a sword carried
for the purpose of a historic demonstration or ceremony. 

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(3), Penal Code, to provide that a replica
of an antique or curio firearm manufactured prior to 1899 that may have, as
an integral part, a folding knife blade or other characteristics of weapons
made illegal by this chapter (Weapons) is not included in the definition of
"firearm," but only if the replica does not use rim fire or center fire
ammunition. 

SECTION 2.  Amends Section 46.15, Penal Code, by adding Subsection (e), as
follows: 

(e) Provides that the provisions of Section 46.02 (Unlawful Carrying
Weapons), Penal Code, prohibiting the carrying of an illegal knife do not
apply to an individual carrying a bowie knife or a sword used in a
historical demonstration or in a ceremony in which the knife or sword is
significant to the performance of the ceremony.   

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.