The bill amends and repeals various sections of the Code of Criminal Procedure, the Education Code, the Government Code, the Penal Code, the Health and Safety Code, the Labor Code, and the Alcoholic Beverage Code relating to the carrying of a firearm by a person 21 years of age or older and who is not otherwise prohibited from possessing the firearm and to criminal offenses otherwise related to the carrying of a firearm.
Among other provisions, the bill would repeal Penal Code Section 46.035, which relates to the unlawful carrying of a handgun by a license holder, and provide that criminal trespass based on entry with a firearm or other forbidden weapon is a Class C misdemeanor except when the person personally receives notice by oral communication from the property owner and subsequently fails to depart, in which case the offense is a Class A misdemeanor.
According to the Department of Public Safety (DPS), while there has been a steady and significant growth in the License to Carry program, there is a scarcity of data regarding the choices current or future handgun license holders may make regarding their preferences for obtaining a license or renewing a license that is not required. Additionally, public interest in a license to carry is affected by state and national events, which can cause significant increases in the number of applications. Based on the information provided by DPS, the fiscal impact of the bill cannot be determined due to a lack of reliable information to provide a reasonably sound basis for estimating the impact of the bill on the number of license to carry applications.
This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies
According to the Office of Court Administration, no significant fiscal impact to the state court system is anticipated.
According to Travis County, no fiscal impact is anticipated. No significant fiscal implication to other units of local government is anticipated.
A Class C misdemeanor under the bill is punishable by a fine of not more than $200. 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. 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.