HBA-NMO H.B. 2826 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2826
By: Isett
Criminal Jurisprudence
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted legislation creating Section 46.15,
Penal Code, which sets forth circumstances to which Section 46.02 (Unlawful
Carrying Weapon), Penal Code, does not apply. H.B. 2826 amends Section
46.15, to instead set forth, that persons are excepted from the application
of Section 46.02.  

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(b), Penal Code, as amended by Chapters
1221 and 1261, Acts of the 75th Legislature, Regular Session, 1997, to
provide that the phrase "it is an exception to the application" replaces
the phrase "does not apply to" regarding Section 46.02 (Unlawful Carrying
Weapon), Penal Code.  Section 46.15(b), Penal Code, excepts a person who is
engaged lawfully in hunting, fishing, or sporting activities; a member of
the armed forces; acting as a security officer; or carrying a concealed
handgun permit, among other like circumstances.  Makes a conforming change
relating to recodification. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.