H.B. 3288 78(R)    BILL ANALYSIS


H.B. 3288
By: Talton
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, a person who has been convicted of a felony offense in
this state, any other state, or by the federal government is ineligible to
receive a license to carry a concealed handgun. However, from time to time
the legislature modifies the punishment categories of offenses.  In 1973,
the Texas Legislature rewrote the Penal Code, creating a new
classification system for punishments. For example, prior to 1973, a
person convicted of a property offense with a value over $50 could be
punished as a felon.  While a similar offense is now punishable as a
misdemeanor, current law does not provide an adjustment for this
situation.  House Bill 3288 addresses this issue as it applies to
concealed handgun licensing by providing that a person's eligibility to
receive a concealed handgun license is based on the penalty for the
offense at the time the person has applied to obtain a  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

House Bill 3288 amends Section 411.172(b) of the Government Code by
providing that, for the purposes of this section, an offense under the
laws of this state, another state, or the United States is a felony if, at
the time of a person's application for a license to carry a concealed
handgun, the offense: 
_is designated by a law of this state as a felony;
_contains all of the elements of an offense designated by a law of this
state as a felony; or 
_is punishable by confinement for one year or more in a penitentiary. 
 

EFFECTIVE DATE

This Act takes effect September 1, 2003.