LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION May 15, 2013 TO: Honorable Juan Hinojosa, Chair, Senate Committee on Intergovernmental Relations FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB508 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would prevent a state agency or political subdivision from communicating to a concealed handgun license holder carrying a handgun that he or she is prohibited from carrying a handgun on the premises if such conduct is not prohibited by Section 46.03 or 46.035, Penal Code. The bill would also provide for civil penalties of $1,000 to $1,500 for a first offense and $10,000 to $10,500 for subsequent violations. Each day of a continuing violation would be a separate violation. The bill would require the attorney general to investigate a complaint on behalf of a citizen of this state or an individual licensed to carry a concealed handgun if the individual so requests and presents evidence that his or her right to carry a concealed handgun was violated under this section. The attorney general or appropriate county or district attorney would be permitted to sue the responsible state agency or subdivision. After recovering reasonable expenses incurred by the attorney general, any civil penalty collected under this section would be deposited to the credit of the compensation to victims of crime fund. The Office of the Attorney General (OAG) reported that the bill would have a slight positive fiscal impact on the victims of crime fund; however, OAG does not anticipate that this revenue would be significant. OAG reported that any legal work or costs associated with the bill would be absorbed with existing resources. Local Government Impact A local government would be accountable for the civil penalties established by the bill; however, these costs would depend on the number of cases, if any, and would only apply in the event of noncompliance. Source Agencies:302 Office of the Attorney General LBB Staff: UP, ESi, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
May 15, 2013
TO: Honorable Juan Hinojosa, Chair, Senate Committee on Intergovernmental Relations FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB508 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), As Engrossed
TO: Honorable Juan Hinojosa, Chair, Senate Committee on Intergovernmental Relations
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB508 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), As Engrossed
Honorable Juan Hinojosa, Chair, Senate Committee on Intergovernmental Relations
Honorable Juan Hinojosa, Chair, Senate Committee on Intergovernmental Relations
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB508 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), As Engrossed
HB508 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would prevent a state agency or political subdivision from communicating to a concealed handgun license holder carrying a handgun that he or she is prohibited from carrying a handgun on the premises if such conduct is not prohibited by Section 46.03 or 46.035, Penal Code. The bill would also provide for civil penalties of $1,000 to $1,500 for a first offense and $10,000 to $10,500 for subsequent violations. Each day of a continuing violation would be a separate violation. The bill would require the attorney general to investigate a complaint on behalf of a citizen of this state or an individual licensed to carry a concealed handgun if the individual so requests and presents evidence that his or her right to carry a concealed handgun was violated under this section. The attorney general or appropriate county or district attorney would be permitted to sue the responsible state agency or subdivision. After recovering reasonable expenses incurred by the attorney general, any civil penalty collected under this section would be deposited to the credit of the compensation to victims of crime fund. The Office of the Attorney General (OAG) reported that the bill would have a slight positive fiscal impact on the victims of crime fund; however, OAG does not anticipate that this revenue would be significant. OAG reported that any legal work or costs associated with the bill would be absorbed with existing resources.
The bill would prevent a state agency or political subdivision from communicating to a concealed handgun license holder carrying a handgun that he or she is prohibited from carrying a handgun on the premises if such conduct is not prohibited by Section 46.03 or 46.035, Penal Code.
The bill would also provide for civil penalties of $1,000 to $1,500 for a first offense and $10,000 to $10,500 for subsequent violations. Each day of a continuing violation would be a separate violation.
The bill would require the attorney general to investigate a complaint on behalf of a citizen of this state or an individual licensed to carry a concealed handgun if the individual so requests and presents evidence that his or her right to carry a concealed handgun was violated under this section. The attorney general or appropriate county or district attorney would be permitted to sue the responsible state agency or subdivision. After recovering reasonable expenses incurred by the attorney general, any civil penalty collected under this section would be deposited to the credit of the compensation to victims of crime fund.
The Office of the Attorney General (OAG) reported that the bill would have a slight positive fiscal impact on the victims of crime fund; however, OAG does not anticipate that this revenue would be significant.
OAG reported that any legal work or costs associated with the bill would be absorbed with existing resources.
Local Government Impact
A local government would be accountable for the civil penalties established by the bill; however, these costs would depend on the number of cases, if any, and would only apply in the event of noncompliance.
Source Agencies: 302 Office of the Attorney General
302 Office of the Attorney General
LBB Staff: UP, ESi, KKR
UP, ESi, KKR