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


Office of House Bill AnalysisC.S.H.B. 2825
By: Isett
Criminal Jurisprudence
4/26/99
Committee Report (Substituted)



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. C.S.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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 (Section 46.01(3),
Penal Code) by conditioning the exclusion of a replica of an antique or
curio firearm manufactured before1899 from the definition of "firearm"on
the fact that the replica does not use rim fire or center fire ammunition.
Makes conforming and nonsubstantive changes relating to format.