HBA-NMO H.B. 905 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 905
By: King, Phil
Criminal Jurisprudence
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Section 46.03, Penal Code, provides that a person commits a third degree
felony if the person possesses a prohibited weapon on the physical premises
of a school or educational institution. Additionally, the law provides that
"premises" includes a building or portion of a building, but does not
include a driveway, street, sidewalk, or parking area.  Consequently, it
has been found that an individual cannot be prosecuted under Section 46.03
for bringing a firearm onto the parking lot of a school.  H.B. 905
includes in the definition of "premises," for the purposes of Section
46.03, a driveway, street, sidewalk, or parking area. 

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 Sections 46.03(c) and (f), Penal Code, as follows:

(c)  Provides that "premises," for the purposes of Subsection (a)(1), means
a building, a portion of a building, a public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking area.
Subsection (a)(1) provides that a person commits a third degree felony if
the person intentionally, knowingly, or recklessly, possesses or goes with
a prohibited weapon on the physical premises or other certain areas of a
public or private school or educational institution, unless pursuant to
written regulations or written authorization of the institution.  Makes
conforming changes. 

(f) Makes a change conforming to Section 46.15(e), Penal Code.

SECTION 2.  Amends Section 46.15, Penal Code, by adding Subsection (e), as
follows: 

(e) Provides that Section 46.03(a)(1), Penal Code, does not apply to a
person carrying a concealed handgun and a valid license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of
the same category as the one the person is carrying. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.