HBA-ATS C.S.H.B. 305 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 305
By: Hupp
Public Safety
4/15/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Violent outbreaks in Texas courtrooms during recent years prompted
legislators to pass a law allowing state judges to carry handguns on their
person if they are licensed to do so.  Recently, due to various repeals and
codifications of the applicable law, questions have arisen as to whether
the statutorily granted eligibility of judges to carry concealed handguns
extends to certain physical locations, such as courts, airports, and
schools.  C.S.H.B. 305 allows federal and state judges to carry handguns on
their persons, and in any otherwise prohibited place, regardless of whether
they are engaged in their official duties. 

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 Section 46.15(a), Penal Code, to provide that a federal
magistrate or judge or a state judge or justice is not prohibited by
Section 46.02 (Unlawful Carrying Weapons) or Section 46.03 (Places Weapons
Prohibited) from carrying a weapon in this state, regardless of whether the
magistrate, judge, or justice is engaged in the actual discharge of duties
while carrying the weapon. Deletes qualification that these sections do not
apply to judges who are licensed to carry a handgun under Article
4413(29ee), V.T.C.S. (repealed by Acts 1997, 75th Leg., Chapter 165,
Section 10.01(b), effective September 1, 1997). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 305 modifies the original bill in SECTION 1 by including a federal
magistrate or judge among the judges and justices who are not prohibited by
Section 46.02 (Unlawful Carrying Weapons) or Section 46.03 (Places Weapons
Prohibited) from carrying a weapon in this state, regardless of whether the
magistrate, judge, or justice is engaged in the actual discharge of duties
while carrying the weapon.