HBA-NMO H.B. 905 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 905 By: King, Phil Criminal Jurisprudence 3/24/1999 Introduced BACKGROUND AND PURPOSE Section 46.03, Penal Code, provides that a person commits a third degree felony if the person possesses a prohibited weapon on the physical premises of a school or educational institution. Additionally, the law provides that "premises" includes a building or portion of a building, but does not include a driveway, street, sidewalk, or parking area. Consequently, it has been found that an individual cannot be prosecuted under Section 46.03 for bringing a firearm onto the parking lot of a school. H.B. 905 includes in the definition of "premises," for the purposes of Section 46.03, a driveway, street, sidewalk, or parking area. 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 Sections 46.03(c) and (f), Penal Code, as follows: (c) Provides that "premises," for the purposes of Subsection (a)(1), means a building, a portion of a building, a public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. Subsection (a)(1) provides that a person commits a third degree felony if the person intentionally, knowingly, or recklessly, possesses or goes with a prohibited weapon on the physical premises or other certain areas of a public or private school or educational institution, unless pursuant to written regulations or written authorization of the institution. Makes conforming changes. (f) Makes a change conforming to Section 46.15(e), Penal Code. SECTION 2. Amends Section 46.15, Penal Code, by adding Subsection (e), as follows: (e) Provides that Section 46.03(a)(1), Penal Code, does not apply to a person carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the one the person is carrying. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.