LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 11, 2017 TO: Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB435 by King, Ken (Relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a handgun.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code and Civil Practice and Remedies Code relating to the application of certain weapon laws to volunteer emergency services personnel licensed to carry a concealed handgun. The bill would specify a governmental unit is not liable in a civil action arising from the discharge of a handgun by a volunteer emergency services personnel licensed to carry a concealed handgun. The bill specifies the discharge of a handgun is outside the course and scope of an individual's duties as a volunteer emergency services personnel. The bill would create a defense to prosecution for volunteer emergency services personnel for certain offenses relating to the carrying of a handgun on certain premises. The bill would add certain volunteer emergency personnel to a list of individuals that Section 46.02 and 46.03, Penal Code, does not apply. Creating a defense for prosecution for any criminal offense is expected to decrease demands on state and/or county correctional agency resources due to fewer persons on community supervision, in county jail confinement, state correctional institution confinement, and/or parole. However, in the case of this bill, it is assumed that any reduction in the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:405 Department of Public Safety LBB Staff: UP, FR, GG, BM, AG, SD, EK, KJo, JPo, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
March 11, 2017
TO: Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB435 by King, Ken (Relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a handgun.), As Introduced
TO: Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB435 by King, Ken (Relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a handgun.), As Introduced
Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety
Honorable Phil King, Chair, House Committee on Homeland Security & Public Safety
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB435 by King, Ken (Relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a handgun.), As Introduced
HB435 by King, Ken (Relating to the application of certain weapons laws to and liability for certain actions of volunteer emergency services personnel licensed to carry a handgun.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code and Civil Practice and Remedies Code relating to the application of certain weapon laws to volunteer emergency services personnel licensed to carry a concealed handgun. The bill would specify a governmental unit is not liable in a civil action arising from the discharge of a handgun by a volunteer emergency services personnel licensed to carry a concealed handgun. The bill specifies the discharge of a handgun is outside the course and scope of an individual's duties as a volunteer emergency services personnel. The bill would create a defense to prosecution for volunteer emergency services personnel for certain offenses relating to the carrying of a handgun on certain premises. The bill would add certain volunteer emergency personnel to a list of individuals that Section 46.02 and 46.03, Penal Code, does not apply. Creating a defense for prosecution for any criminal offense is expected to decrease demands on state and/or county correctional agency resources due to fewer persons on community supervision, in county jail confinement, state correctional institution confinement, and/or parole. However, in the case of this bill, it is assumed that any reduction in the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 405 Department of Public Safety
405 Department of Public Safety
LBB Staff: UP, FR, GG, BM, AG, SD, EK, KJo, JPo, KKR
UP, FR, GG, BM, AG, SD, EK, KJo, JPo, KKR