HBA-KMH H.B. 815 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 815
By: Jones, Jesse
Public Safety
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Legislation passed during the 74th legislative session, the Texas Right to
Carry Concealed Weapons, Law made it illegal to carry a concealed weapon on
the premises of a church or other places of worship.  Under the current law
as amended in the 75th legislative session, these establishments are now
required to post signs to prohibit such activity.  Section 46.035(b)(6)
prohibits a license holder of a concealed weapon from carrying a weapon on
the premises of a church, synagogue, or other established place of
religious worship unless the establishment provides an effective notice of
the prohibition as described by Section 30.06 (Trespass by Holder of
License to Carry Concealed Handgun).  The sign must be printed in both
Spanish and English and printed in letters one inch high. 

Approximately, 12 million Texans are eligible to file for a permit to carry
a concealed weapon. Currently, 198,250 Texans have been issued permits. 

A number of religious organizations have expressed concerns regarding this
notice provision.  One difficulty is that many churches are not aware that
there is no longer a legal prohibition to the carrying of concealed weapons
unless the church has complied with the posting requirement.  Some pastors
are of the opinion, that even though they are informed of the requirement,
posting such a sign sends an inappropriate message to their congregations. 

H.B. 815 eliminates the notice exception applicable to a license holder who
unlawfully carries a handgun on the premises of a church, synagogue, or
other established place of religious service as described under Section
46.035(b)(6). 

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 46.035(i), Penal Code, to eliminate the notice
exception provided by this subsection when a license holder unlawfully
carries a handgun on the premise of a church, synagogue, or other
established place of religious service as described under Subsection
(b)(6). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.