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.