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.