BILL ANALYSIS Senate Research Center H.B. 2560 82R18589 JSC-D By: Sheffield et al. (Estes) Criminal Justice 5/17/2011 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 2560
82R18589 JSC-D By: Sheffield et al. (Estes)
Criminal Justice
5/17/2011
Engrossed
Senate Research Center
H.B. 2560
82R18589 JSC-D
By: Sheffield et al. (Estes)
Criminal Justice
5/17/2011
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Some foster parents have expressed concern about a Department of Family and Protective Services (DFPS) rule that prohibits a foster parent from carrying a licensed concealed handgun in a vehicle where a foster child is present. The rule has the effect of preventing the parent of a foster child from exercising the right to carry a concealed handgun. H.B. 2560 seeks to protect this right by prohibiting DFPS from taking action to prohibit transportation of a foster child in a vehicle where a handgun is in the possession and control of a foster parent licensed to carry a concealed handgun. H.B. 2560 amends current law relating to transporting a foster child in a vehicle where a handgun is in the possession of a foster parent licensed to carry a concealed handgun. 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 42.042, Human Resources Code, by adding Subsection (e-2), to prohibit the Department of Family and Protective Services from prohibiting the foster parent of a child who resides in the foster family's home from transporting the child in a vehicle where a handgun is present if the handgun is in the possession and control of the foster parent and the foster parent is licensed to carry the handgun under Subchapter H (License to Carry Concealed Handgun), Chapter 411 (Department of Public Safety of the State of Texas), Government Code. SECTION 2. Effective date: upon passage or September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Some foster parents have expressed concern about a Department of Family and Protective Services (DFPS) rule that prohibits a foster parent from carrying a licensed concealed handgun in a vehicle where a foster child is present. The rule has the effect of preventing the parent of a foster child from exercising the right to carry a concealed handgun. H.B. 2560 seeks to protect this right by prohibiting DFPS from taking action to prohibit transportation of a foster child in a vehicle where a handgun is in the possession and control of a foster parent licensed to carry a concealed handgun.
H.B. 2560 amends current law relating to transporting a foster child in a vehicle where a handgun is in the possession of a foster parent licensed to carry a concealed handgun.
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 42.042, Human Resources Code, by adding Subsection (e-2), to prohibit the Department of Family and Protective Services from prohibiting the foster parent of a child who resides in the foster family's home from transporting the child in a vehicle where a handgun is present if the handgun is in the possession and control of the foster parent and the foster parent is licensed to carry the handgun under Subchapter H (License to Carry Concealed Handgun), Chapter 411 (Department of Public Safety of the State of Texas), Government Code.
SECTION 2. Effective date: upon passage or September 1, 2011.