BILL ANALYSIS Senate Research Center S.B. 550 By: Springer State Affairs 4/6/2021 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Generally, Texas license holders can carry openly or concealed in any place not expressly prohibited by law. License holders may be subject to criminal charges for carrying a handgun in plain view, unless carried in a shoulder or belt holster specifically. However, there are many different types of holsters: belly bands make it easy to conceal your firearm under your clothing; inside/outside waistbands. Waistband holsters are designed to sit either under your belt or outside of your belt; ankle holsters; shoulder holsters; and pocket holsters. After conferring with law enforcement agencies, the critical part of carrying a firearm in Texas safely is that one house their firearm in a holster, not really the type of holster. The bill strikes a belt or shoulder from existing law, allowing one to use any type of holster for properly carrying a gun in Texas. As proposed, S.B. 550 amends current law relating to the manner of carrying a handgun by a person who holds a license under Subchapter H, Chapter 411, Government Code. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 46.035(a), (b), (c), and (d), Penal Code, as follows: (a) Provides that it is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster, rather than in a shoulder or belt holster, by the license holder. (b)‑(d) Makes conforming changes to these subsections. SECTION 2. Amends Section 30.05(f), Penal Code, to make a conforming change. SECTION 3. Amends Section 30.07(f), Penal Code, to make a conforming change. SECTION 4. Amends Section 46.02(a-1), Penal Code, to make a conforming change. SECTION 5. Amends Section 46.15(b), Penal Code, to make a conforming change. SECTION 6. Makes application of this Act prospective. SECTION 7. Effective date: September 1, 2021.
BILL ANALYSIS
Senate Research Center S.B. 550
By: Springer
State Affairs
4/6/2021
As Filed
Senate Research Center
S.B. 550
By: Springer
State Affairs
4/6/2021
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Generally, Texas license holders can carry openly or concealed in any place not expressly prohibited by law. License holders may be subject to criminal charges for carrying a handgun in plain view, unless carried in a shoulder or belt holster specifically.
However, there are many different types of holsters:
After conferring with law enforcement agencies, the critical part of carrying a firearm in Texas safely is that one house their firearm in a holster, not really the type of holster.
The bill strikes a belt or shoulder from existing law, allowing one to use any type of holster for properly carrying a gun in Texas.
As proposed, S.B. 550 amends current law relating to the manner of carrying a handgun by a person who holds a license under Subchapter H, Chapter 411, Government Code.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 46.035(a), (b), (c), and (d), Penal Code, as follows:
(a) Provides that it is an exception to the application of this subsection that the handgun was partially or wholly visible but was carried in a holster, rather than in a shoulder or belt holster, by the license holder.
(b)‑(d) Makes conforming changes to these subsections.
SECTION 2. Amends Section 30.05(f), Penal Code, to make a conforming change.
SECTION 3. Amends Section 30.07(f), Penal Code, to make a conforming change.
SECTION 4. Amends Section 46.02(a-1), Penal Code, to make a conforming change.
SECTION 5. Amends Section 46.15(b), Penal Code, to make a conforming change.
SECTION 6. Makes application of this Act prospective.
SECTION 7. Effective date: September 1, 2021.