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


Office of House Bill AnalysisS.B. 819
By: Armbrister
Public Safety
5/11/2001
Committee Report (Amended)



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
to carry a handgun on government property for a person that has a license
to carry a concealed handgun, except in circumstances where public notice
is not required.  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.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 specifies that a holder of a concealed handgun
license commits a trespassing offense if the holder carries a handgun in a
correctional facility or a secure correctional facility. 

Committee Amendment No. 2 provides that a concealed handgun license holder
commits a trespassing offense if the holder carries a handgun on private
property of another without effective consent or on government property in
circumstances where public notice is allowed, such as at a hospital,
nursing home, or at a meeting of a governmental entity.