C.S.H.B. 3477 78(R)    BILL ANALYSIS


C.S.H.B. 3477
By: Stick
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes the Department of Public Safety (DPS) to negotiate
a reciprocity agreement under which a concealed handgun license (CHL)
issued by another state is recognized in Texas.  In order for another
state to be eligible, the requirements to carry a concealed weapon under
its laws must meet or exceed the requirements of a federal background
check.  However, the language of the current law creates an ambiguity as
to which states' laws meet or exceed the requirements of a federal
background check.  As a result, only 8 states have been granted concealed
handgun license reciprocity so far.  C.S.H.B. 3477 addresses this issue by
clarifying that another state is eligible for reciprocity if it conducts a
federal background check and determines that someone is able to carry a
firearm under federal law before issuing a concealed handgun license.
C.S.H.B. 3477 also transfers the responsibility for negotiating CHL
reciprocity agreements with other states from DPS to the Office of the
Attorney General. 


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. 3477 amends Section 411.173 of the Government Code by providing
that a Texas nonresident CHL may be renewed as a non-resident license
under Section 411.185 until such time as the person's home state is
granted reciprocity.  A non-resident license remains in effect until the
license expires under Section 411.183, even if the person's home state is
granted reciprocity in the meantime.  The bill requires the governor to
negotiate an agreement with any other state that provides for the issuance
of CHL's that are recognized by this state under this section or to issue
a proclamation recognizing another state's CHL if the attorney general
determines that its state or local authorities conduct a background check
of a permit applicant,  prior to the issuance of a permit, to determine
the applicant's eligibility to possess a firearm under federal law.  

C.S.H.B. 3477 also amends the Government Code to require the attorney
general to issue a report annually to the governor, lieutenant governor,
and speaker of the house listing the states the attorney general
determined qualify  for recognition under this section and reviewing the
statutes of states that the attorney general determined do not qualify for
recognition to assess the changes to their statutes that are necessary to
qualify for recognition.  The attorney general is required to submit the
report required by this section not later than January 1 of each calendar
year, and the first report is due no later than January 1, 2005.    


EFFECTIVE DATE

This Act takes effect September 1, 2003.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3477 modifies the original by providing that the attorney
general, rather than DPS, is responsible for determining that a background
check of each applicant is conducted by the state or local authorities
prior to the issuance of a permit to determine the applicant's eligibility
to possess a firearm under federal law.  The substitute also provides that
the attorney general is responsible for issuing the annual report listing
the states that qualify for recognition and reviewing the statutes of
states that do not qualify to determine the changes necessary for
recognition.  Under the original bill, the Department of Public Safety was
responsible for all of these activities.