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


Office of House Bill AnalysisH.B. 2825
By: Isett
Criminal Jurisprudence
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Current law does not exclude from weapons prohibitions certain weapons
carried for historical reenactments.  This situation may hinder individuals
from accurately depicting historical events. H.B. 2825 excludes a replica
of an antique or curio firearm from the definition of "firearm," 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 is not included
in the definition of "firearm." 

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.