LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION May 10, 2013 TO: Honorable Craig Estes, Chair, Senate Committee on Agriculture, Rural Affairs & Homeland Security FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1314 by Creighton (Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.), As Engrossed No fiscal implication to the State is anticipated. The bill would create a Class A misdemeanor offense for a government employee to seize a firearm in accordance with a federal law that does not exist under Texas law. The bill would create an exception to this rule if the seizure is consistent with United States Constitutional authority. This exception could be negated in the event that the prosecution proves beyond a reasonable doubt that, based on a decision by the United States Supreme Court, the aforementioned federal law is not within the scope of powers granted by the United States Constitution. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, SZ, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
May 10, 2013
TO: Honorable Craig Estes, Chair, Senate Committee on Agriculture, Rural Affairs & Homeland Security FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB1314 by Creighton (Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.), As Engrossed
TO: Honorable Craig Estes, Chair, Senate Committee on Agriculture, Rural Affairs & Homeland Security
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB1314 by Creighton (Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.), As Engrossed
Honorable Craig Estes, Chair, Senate Committee on Agriculture, Rural Affairs & Homeland Security
Honorable Craig Estes, Chair, Senate Committee on Agriculture, Rural Affairs & Homeland Security
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB1314 by Creighton (Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.), As Engrossed
HB1314 by Creighton (Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.), As Engrossed
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would create a Class A misdemeanor offense for a government employee to seize a firearm in accordance with a federal law that does not exist under Texas law. The bill would create an exception to this rule if the seizure is consistent with United States Constitutional authority. This exception could be negated in the event that the prosecution proves beyond a reasonable doubt that, based on a decision by the United States Supreme Court, the aforementioned federal law is not within the scope of powers granted by the United States Constitution. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.
The bill would create a Class A misdemeanor offense for a government employee to seize a firearm in accordance with a federal law that does not exist under Texas law.
The bill would create an exception to this rule if the seizure is consistent with United States Constitutional authority. This exception could be negated in the event that the prosecution proves beyond a reasonable doubt that, based on a decision by the United States Supreme Court, the aforementioned federal law is not within the scope of powers granted by the United States Constitution.
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: UP, SZ, KKR
UP, SZ, KKR