HBA-MSH S.B. 819 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 819
By: Armbrister
Public Safety
5/5/2001
Engrossed



BACKGROUND AND PURPOSE 

In recent years, a variety of political subdivisions have implemented
ordinances, policies, or rules to prohibit the licensed carrying of
handguns on property or premises under control of that entity. A recent
attorney general opinion states that the power to regulate firearms on
certain property or premises, except as otherwise provided by federal law,
is granted solely to the state legislature, not to political subdivisions.
Senate Bill 819 provides that it is not an offense for a license holder to
carry a handgun on government property and grants exclusive authority to
regulate the carrying of a handgun to the legislature. 

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

Senate Bill 819 amends the Penal Code to provide that it is not an offense
for a person that has a license to carry a concealed handgun to carry a
handgun on government property.  The bill amends the Government Code to
provide that the legislature has the exclusive authority to regulate the
carrying of a handgun. 

EFFECTIVE DATE

September 1, 2001.