SRC-VRA H.B. 3477 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 3477
By: Stick (Estes)
Administration
5/15/2003
Engrossed
DIGEST AND PURPOSE 

In 1997, Section 411.173 was added to the Government Code and provides the
means for a resident of another state that does not have a concealed
handgun program to obtain a Texas concealed carry license. This section
also requires the Department of Public Safety (DPS) to negotiate
reciprocity agreements with other states to allow Texas residents to
legally carry a concealed handgun in another state and vice versa. Since
1997, DPS has negotiated eight agreements.  

H.B. 3477 allows out of state licensees to retain their Texas licenses
issued under Section 411.173, Government Code, until Texas recognizes the
licenses issued by their home state. This bill also revises Section
411.173(b) to allow Texas to obtain more reciprocity agreements.  


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.173, Government Code, as follows:

Sec. 411.173.  NONRESIDENT LICENSE.  (a)  Provides that if a state whose
residents are authorized to obtain a license under this subsection enacts
a law providing for the issuance of a license to carry a concealed
handgun, a license issued to a resident of that state remains in effect
until the license expires under Section 411.183 and may be renewed under
Section 411.185 until the time a license issued by the other state is
recognized by this state under Subsection (b). 

(b)  Requires the governor, rather than the Texas Department of Public
Safety (DPS), to negotiate an agreement with any other state that provides
for the issuance of a license to carry a concealed handgun under which a
license issued by the other state is recognized in this state or to issue
a proclamation that a license issued by the other state is recognized in
this state if the attorney general of Texas, rather than the Texas
Department of Public Safety, determines that a background check of each
applicant for a license issued by that state is conducted by state or
local authorities of an agent of the state or local authorities before the
license is issued is issued to determine the applicant's eligibility to
possess a firearm under federal law. 

  (c)  Requires the attorney general to annually:

(1)  submit a report to the governor, lieutenant governor, and the speaker
of the house of representatives listing the states the attorney general
has determined qualify for recognition under Subsection (b); and 

(2)  review the statutes of states that the attorney general  has
determined do not qualify for recognition under Subsection (b) to
determine the changes to their statutes that are necessary to qualify for
recognition under that subsection. 
 
(d)  Requires the attorney general to submit the report required by
Subsection (c)(1) not later than January 1 of each calendar year. 

SECTION 2.  (a)  Effective date:  September 1, 2003.

(b)  Requires the attorney general to submit the first report required by
Section 411.173(c)(1), Government Code, as added by this Act, not later
than January 1, 2005.