BILL ANALYSIS
By: Hegar
BACKGROUND AND PURPOSE
Under current law, peace officers are not authorized to disarm persons licensed to carry concealed handguns (CHL holders) entering the nonpublic, secure areas of a law enforcement agency. An example of such an area is the interrogation area, where peace officers are not permitted to carry firearms. Providing such authority may provide safer and more secure law enforcement facilities for peace officers.
S.B. 1709 authorizes peace officers to temporarily disarm CHL holders who are entering a nonpublic, secure portion of a law enforcement facility, provided that the facility has gun lockers to secure handguns. This bill requires those peace officers to return the handgun to the license holder immediately after the person leaves the nonpublic, secure portion of the facility and requires the law enforcement facility to prominently display a sign giving notice of this law in English and Spanish at each entrance to the facility.
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
SECTION 1. Amends Section 411.207, Government Code by adding new Subsections (b), (c) and (d). Subsection (b) authorizes a peace officer who is acting in the lawful discharge of the officer's official duties to temporarily disarm a concealed handgun licensee prior to entry into a non-public, secure area of a law enforcement facility if gun locker facilities exist for the secure storage of the handgun. The peace officer is required to secure the handgun in the gun locker and return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility. Subsection (c) requires a law enforcement facility to prominently display at each entrance to a nonpublic, secure portion of the facility, a sign that gives notice in both English and Spanish that a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of a law enforcement facility. Requires the sign to appear in contrasting colors with block letters at least one inch in height. This section provides the manner in which the sign is required to be displayed. Subsection (d) defines “law enforcement facility” for this purpose to include areas where the business of law enforcement is conducted but does not include parking areas or sidewalks. “Nonpublic, secure area of law enforcement facility” is also defined in Subsection (d) as an area where the public is denied access and an area to which access is granted solely to conduct the official business of the law enforcement agency.
SECTION 2. Effective date: September 1, 2007.
EFFECTIVE DATE