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.