BILL ANALYSIS

 

 

                                                                                                                                              S.B. 322

                                                                                                                                           By: Deuell

                                                                                                                                  Human Services

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under standards adopted beginning January 1, 2007, some foster families were instructed to remove all firearms and ammunition from their property or they would no longer be eligible to serve as foster parents.

 

As proposed, S.B. 322 prohibits the Texas Department of Family and Protective Services (DFPS) from prohibiting possession of firearms and ammunition in a foster home.  This bill authorizes minimum standards to be adopted by DFPS for safety and proper storage of firearms and ammunition.

 

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

 

Amends Section 42.042, Human Resources Code, by adding Subsection (e-1), to prohibit DFPS from prohibiting the possession of lawfully permitted firearms and ammunition in a foster home of any type.  Authorizes minimum standards to be adopted under this section regarding certain standards relating to safety and storage of firearms and ammunition.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.