BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 322

                                                                                                                                            By: Hupp

                                                                                                                               Law Enforcement

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, a person must be 21 years old in order to apply for a concealed carry license.  This currently excludes members of the military between the ages of 18-21 who are highly trained to operate weapons.  HB 322 lowers the minimum age requirement from 21 to 18 for military personnel or veterans interested in applying for a concealed carry license. 

 

Additionally, HB 322 reduces the concealed carry licensure fees for military personnel and veterans by fifty percent.

 

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

 

The bill amends §411.172 of the Government Code by adding language indicating that an individual who is a member or veteran of the United States armed forces is eligible for a license to carry a concealed handgun, provided they are at least 18 years of age, not dishonorably discharged, and meet other eligibility requirements stated in this section.

 

The bill amends §411.1951 of the Government Code by adding language that requires the Department of Public Safety to reduce by fifty percent the cost of a license to carry a concealed handgun for members and veterans of the United States armed forces, unless the person was dishonorably discharged.

 

EFFECTIVE DATE

 

September 1, 2005

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute also differs from the original bill by deleting §441.183 (f), which extends the expiration date by one year on a license to carry a concealed handgun for an individual who is a member of the United States armed forces serving outside the United States.

 

Additionally, the substitute differs from the original bill by moving §411.172 (g) (2) to (g) (3) and adding a new (g) (2) that denies the eligibility in §411.172 (g) to those members dishonorably discharged from the United States armed forces.  The substitute also adds language to §411.1951 which denies the eligibility for a reduction in fees to those members dishonorably discharged from the United States armed forces.