LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION March 18, 2015 TO: Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB226 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), Committee Report 1st House, Substituted 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, after taking certain actions, 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 positive fiscal impact on the victims of crime fund; however OAG does not anticipate that this revenue would be significant. OAG reports any legal work or costs associated with the bill would be absorbed within 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, EP, EK, TBo, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
March 18, 2015
TO: Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB226 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), Committee Report 1st House, Substituted
TO: Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB226 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), Committee Report 1st House, Substituted
Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety
Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB226 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), Committee Report 1st House, Substituted
HB226 by Guillen (Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), Committee Report 1st House, Substituted
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, after taking certain actions, 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 positive fiscal impact on the victims of crime fund; however OAG does not anticipate that this revenue would be significant. OAG reports any legal work or costs associated with the bill would be absorbed within 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, EP, EK, TBo, KKR
UP, ESi, EP, EK, TBo, KKR