JWW H.B. 3486 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 3486
By: Holzheauser
4-16-97
Committee Report (Unamended)



BACKGROUND 

When a peace officer applies to purchase a handgun, they must show a
permit and undergo a background check.  This is a duplication of the
process that the applicant has already undergone. As an active peace
officer, both the background check and the permit have already been done
by the agency that employs the officer, and to require these items again
would be a repetitive act. 

PURPOSE

To ease the process of licencing active peace officers to purchase a
handgun. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Section 28A, Article 4413 (29ee), Revised Statutes, (a)
to allow full   time, law enforcement agency employed peace officers to
apply for a license   under Chapter 415, Government Code.  Requires
applicants to submit two sets of   legible and classifiable fingerprints
and a sworn statement from the head of the   law enforcement agency
employing the applicant.  This statement must     includes the name and
rank of the applicant, whether the applicant has been   accused of
misconduct during their employment with the agency and the outcome   of
that accusation, physical and mental disposition of the applicant, types
of   weapons that the applicant proved to be proficient with during the
preceding year,   and a recommendation from the head of that agency that
the license be issued. 
  
  (b) A licence may be issued if the statement from the head of the law
enforcement   agency that employs the applicant reflects that the
applicant is qualified and   mental and physically fit to carry a handgun. 
  
  (c) The applicant fee for the licence will be $25.
  
  (d) The license expires as provided by Section 9 of this article.

SECTION 2 Effective Date: September 1, 1997.

SECTION 3 Emergency Clause.