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.