LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 15, 2015 TO: Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2269 by Metcalf (Relating to the unlawful seizure of a firearm by a governmental officer or employee; creating an offense.), Committee Report 1st House, Substituted 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 Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies: LBB Staff: UP, ESi, SD, EK, SZ, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
April 15, 2015
TO: Honorable Larry Phillips, Chair, House Committee on Homeland Security & Public Safety FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2269 by Metcalf (Relating to the unlawful seizure of a firearm by a governmental officer or employee; creating an offense.), 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: HB2269 by Metcalf (Relating to the unlawful seizure of a firearm by a governmental officer or employee; creating an offense.), 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
HB2269 by Metcalf (Relating to the unlawful seizure of a firearm by a governmental officer or employee; creating an offense.), Committee Report 1st House, Substituted
HB2269 by Metcalf (Relating to the unlawful seizure of a firearm by a governmental officer or employee; creating an offense.), Committee Report 1st House, Substituted
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
Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
Source Agencies:
LBB Staff: UP, ESi, SD, EK, SZ, KKR
UP, ESi, SD, EK, SZ, KKR