HBA-ATS H.B. 305 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 305 By: Hupp Public Safety 4/7/1999 Introduced BACKGROUND AND PURPOSE Violent outbreaks in Texas courtrooms during recent years prompted legislators to pass a law allowing state judges to carry handguns on their person if they are licensed to do so. Recently, due to various repeals and codifications of the applicable law, questions have arisen as to whether the statutorily granted eligibility of judges to carry concealed handguns extends to certain physical locations, such as courts, airports, and schools. H.B. 305 allows judges to carry handguns on their person, and in any otherwise prohibited place, regardless of whether they are engaged in their official duties. 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(a), Penal Code, to provide that a judge or justice is not prohibited by Section 46.02 (Unlawful Carrying Weapons) or Section 46.03 (Places Weapons Prohibited) from carrying a weapon in this state, regardless of whether the judge or justice is engaged in the actual discharge of duties while carrying the weapon. Deletes qualification that these sections do not apply to judges who are licensed to carry a handgun under Article 4413(29ee), V.T.C.S. (repealed by Acts 1997, 75th Leg., Chapter 165, Section 10.01(b), effective September 1, 1997). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.