HBA-KMH H.B. 742 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 742 By: Eiland Criminal Jurisprudence 3/30/1999 Introduced BACKGROUND AND PURPOSE Currently, when a person uses a firearm in the commission of an offense it is an aggravator rather than a separate offense. H.B. 742 establishes the use of a firearm in the commission of an offense as a separate offense that would receive a separate penalty to run consecutively to the penalty for the underlying offense. The purpose of this legislation is to provide a further deterrent to crimes involving firearms. 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 Chapter 46, Penal Code, by adding Section 46.14, as follows: Sec. 46.14. USING FIREARM DURING COMMISSION OF OFFENSE. Provides that a person commits an offense punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for a term of five years if, during the commission of an offense under Title 5 (Offenses Against the Person), the person knowingly uses, carries, or exhibits a firearm. SECTION 2. Amends Article 42.08, Code of Criminal Procedure, by adding Subsection (d), which requires a judge to order a sentence for the commission of an offense under Section 46.14, Penal Code, to commence immediately on completion of the sentence for the underlying offense alleged and proven as an element of the offense under Section 46.14. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.