SRC-LBB S.B. 1406 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1406
By: Estes
Criminal Justice
4/28/2003
As Filed

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 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, the
Department has only negotiated 8 agreements.  

As proposed, SB 1406 allows out of state licensees to retain their Texas
licenses issued under Section 411.173(a), 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 previously qualified under this subsection for a nonresident
license subsequently enacts a law providing for the issuance of a license
to carry a concealed handgun, a nonresident 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 issue a proclamation or sign an agreement recognizing a
license to carry a concealed handgun issued by another state if DPS
determines that a background check of permit applicants is conducted by
state or local authorities or an agent of the state or local authorities
prior to the issuance of a permit to determine the applicants' eligibility
to possess a firearm under federal law.  

  (c)  Requires DPS to:

(1)  issue a report annually to the governor, lieutenant governor and the
speaker of the house listing the states DPS has determined qualify for
recognition under this section within the previous calendar year; and 

(2)  annually review the statutes of states that have not qualified for
recognition to determine if any subsequent changes to their law would
result in qualification for recognition under this section. 

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

 (b)  Requires DPS to submit the report required under Section 411.173(d),
Government Code, as added by this Act, for the preceding calendar year,
not later than January 1 of each year.  Provides that the first report is
due on January 1, 2005.