HBA-JLV H.B. 1235 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1235
By: Isett
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

During the 75th Legislative Session, House Bill 311 created provisions
excluding certain persons from being charged with unlawfully carrying a
weapon.  The provisions excluded certain peace officers, parole officers or
judges and intended to exclude certain members of the armed forces or state
miliary forces, persons on their own premises, travelers, persons engaging
in lawful hunting, fishing or sporting activity, commissioned security
officers, or persons holding an alcoholic beverage permit or license.
However, without altering the existing terminology, hunters or travelers,
for instance, could be arrested for a carrying a weapon without a
concealed-carry license. These individuals could incur problems such as,
arrest records and legal defense costs as a result of this incorrect
language.  House Bill 1235 creates language to accurately reflect the
purposes behind the original provisions. 

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. 

ANALYSIS

House Bill 1235 amends the Penal Code to provide that certain individuals
are excluded from being charged for unlawfully carrying weapons.  The bill
changes the language from "does not apply to" and sets forth the language
"it is an exception to the application of" as the correct legal
terminology.  

EFFECTIVE DATE

September 1, 2001.