BILL ANALYSIS Senate Research Center S.B. 481 83R1715 JSC-D By: Hinojosa Criminal Justice 3/22/2013 As Filed
BILL ANALYSIS
Senate Research Center S.B. 481
83R1715 JSC-D By: Hinojosa
Criminal Justice
3/22/2013
As Filed
Senate Research Center
S.B. 481
83R1715 JSC-D
By: Hinojosa
Criminal Justice
3/22/2013
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current Texas Law, a person aged 21 or older must complete a classroom educational course and shooting proficiency examination in order to obtain a Texas Concealed Handgun License (CHL). Once a Texas CHL is obtained, a license holder is allowed to conceal a weapon in Texas, in accordance with the law, as well as in other states that recognize the Texas CHL through an existing reciprocity agreement. Although state reciprocal agreements are common, a loophole exists in Texas law that allows people who live in Texas to obtain a non-resident CHL. If a state outside of Texas offers a non-resident license, the terms and conditions required to obtain a non-resident CHL are guided by the laws of the state issuing the non-resident license, and in some cases does not require an individual to exhibit proficiency with a shooting test or other requirements as described by Texas law. As a condition of an existing reciprocity agreement between two states and the loophole in Texas Law, these non-resident CHL licenses are recognized as valid in Texas. As a result, this loophole in the law does not provide a uniform application of the CHL law to individuals in this state and creates a condition by which a person who has a driver's license issued by Texas and a CHL issued by another state. Additionally, the Department of Public Safety of the State of Texas has no way of determining how many non-resident licenses have been issued in Texas, which establishes a disadvantage for law enforcement when completing a traffic stop. As proposed, S.B. 481 amends current law relating to the recognition and validity of a license to carry a concealed handgun issued by another state. 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 411.173, Government Code, by adding Subsection (b-1), as follows: (b-1) Provides that a person's license to carry a concealed handgun issued by another state, notwithstanding Subsection (b) (relating to an agreement with any other state that provides for the issuance of a license to carry a handgun), is prohibited from being recognized and is not valid in this state if the person has established a domicile in this state. Defines "domicile" for purposes of this subsection. SECTION 2. Effective date: September 1, 2013.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current Texas Law, a person aged 21 or older must complete a classroom educational course and shooting proficiency examination in order to obtain a Texas Concealed Handgun License (CHL). Once a Texas CHL is obtained, a license holder is allowed to conceal a weapon in Texas, in accordance with the law, as well as in other states that recognize the Texas CHL through an existing reciprocity agreement. Although state reciprocal agreements are common, a loophole exists in Texas law that allows people who live in Texas to obtain a non-resident CHL. If a state outside of Texas offers a non-resident license, the terms and conditions required to obtain a non-resident CHL are guided by the laws of the state issuing the non-resident license, and in some cases does not require an individual to exhibit proficiency with a shooting test or other requirements as described by Texas law. As a condition of an existing reciprocity agreement between two states and the loophole in Texas Law, these non-resident CHL licenses are recognized as valid in Texas. As a result, this loophole in the law does not provide a uniform application of the CHL law to individuals in this state and creates a condition by which a person who has a driver's license issued by Texas and a CHL issued by another state.
Additionally, the Department of Public Safety of the State of Texas has no way of determining how many non-resident licenses have been issued in Texas, which establishes a disadvantage for law enforcement when completing a traffic stop.
As proposed, S.B. 481 amends current law relating to the recognition and validity of a license to carry a concealed handgun issued by another state.
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 411.173, Government Code, by adding Subsection (b-1), as follows:
(b-1) Provides that a person's license to carry a concealed handgun issued by another state, notwithstanding Subsection (b) (relating to an agreement with any other state that provides for the issuance of a license to carry a handgun), is prohibited from being recognized and is not valid in this state if the person has established a domicile in this state. Defines "domicile" for purposes of this subsection.
SECTION 2. Effective date: September 1, 2013.