C.S.H.B. 220 78 )    BILL ANALYSIS


C.S.H.B. 220
By: Hupp
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Department of Public Safety (DPS) must disclose
whether an individual holds a concealed handgun license to any person
submitting a written request and required fee.  This system enables
potential criminals to determine whether a potential victim is licensed to
carry a handgun.  C.S.H.B. 220 removes the requirement for the DPS to
disclose to any person whether an individual holds a concealed handgun
license. 

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. 

ANALYSIS

C.S.H.B. 220 amends Section 411.192 of the Government Code by changing the
class of persons to whom the Department of Public Safety must disclose
requested information regarding whether a named individual holds a license
to carry a concealed handgun.  The bill deletes language requiring
disclosure to "any other individual," allowing disclosure only to a
criminal justice agency.  An applicant or license holder may be furnished
a copy of disclosable records regarding the applicant or license holder on
request and the payment of a reasonable fee.   

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 220 modifies the original by removing a private investigator
licensed under Chapter 1702 of the Occupations Code as an acceptable
recipient of information regarding a concealed handgun license.  The
substitute provides that information on a person licensed to carry a
concealed handgun such as an individual's name, date of birth, gender,
race, and zip code is subject to disclosure to a criminal justice agency.