HBA-JLV H.B. 1235 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1235 By: Isett Criminal Jurisprudence 3/18/2001 Introduced BACKGROUND AND PURPOSE During the 75th Legislative Session, House Bill 311 created provisions excluding certain persons from being charged with unlawfully carrying a weapon. The provisions excluded certain peace officers, parole officers or judges and intended to exclude certain members of the armed forces or state miliary forces, persons on their own premises, travelers, persons engaging in lawful hunting, fishing or sporting activity, commissioned security officers, or persons holding an alcoholic beverage permit or license. However, without altering the existing terminology, hunters or travelers, for instance, could be arrested for a carrying a weapon without a concealed-carry license. These individuals could incur problems such as, arrest records and legal defense costs as a result of this incorrect language. House Bill 1235 creates language to accurately reflect the purposes behind the original provisions. 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 House Bill 1235 amends the Penal Code to provide that certain individuals are excluded from being charged for unlawfully carrying weapons. The bill changes the language from "does not apply to" and sets forth the language "it is an exception to the application of" as the correct legal terminology. EFFECTIVE DATE September 1, 2001.