LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

April 26, 2005

TO:	Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB332 by Burnam (Relating to creating the offense of unlawful possession of certain firearms by a minor.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend the Penal Code to create as a Class C Misdemeanor the unlawful possession of certain firearms by a minor. The bill would take effect September 1, 2005.

Under the proposed statute, a peace officer could not make an arrest for the offense, but may issue a citation and would be required to seize the weapon. The court would be required to dismiss the charge if a parent or legal guardian were to accompany the minor to court for the hearing. The court would be allowed to return the firearm at that time.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JOB, DLBa