BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 122

80R1486 BDH-D                                                                                                              By: Deuell

State Affairs

2/14/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, the Department of Public Safety (DPS) must disclose whether an individual holds a concealed handgun license to any person submitting a written request and paying a required fee.  This provision for the disclosure of information presents a potential violation of the personal privacy of concealed handgun license holders. 

As proposed, S.B. 122 removes the requirement that DPS disclose to any person, other than state and local law enforcement agencies, whether an individual holds a concealed handgun license. 

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 411.192, Government Code, as follows:

Sec. 411.192.  CONFIDENTIALITY OF RECORDS.  (a)  Creates this subsection from existing text.  Deletes existing text requiring the Department of Public Safety (DPS) to disclose to any other individual whether a certain individual is registered to carry a concealed handgun if DPS is provided with a written request and payment of a reasonable fee to cover costs of the disclosure. 

(b)  Creates this subsection from existing text.  Authorizes an applicant for a concealed handgun license or a license holder to be furnished with a copy of disclosable records regarding the applicant or license holder on request and payment of a fee.

(c) and (d)  Creates these subsections from existing text and makes a conforming change.

SECTION 2.  Effective date: upon passage or September 1, 2007.