BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1709

80R9460 JPL-F                                                                                                                  By: Hegar

                                                                                                                                   Criminal Justice

                                                                                                                                            4/14/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

As proposed, S.B. 1709 authorizes peace officers to temporarily disarm persons licensed to carry concealed handguns who are entering a nonpublic, secure portion of a law enforcement facility. 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

 

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 411.207, Government Code, as follows:

 

411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) Creates this subsection from existing text.

 

(b) Authorizes a peace officer who is acting in the lawful discharge of the officer's official duties to temporarily disarm a license holder when that person enters a nonpublic, secure portion of a law enforcement facility. Requires the peace officer to return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

 

(c) Requires a law enforcement facility to prominently display at each nonpublic, secure entrance a sign that gives notice in both English and Spanish that a peace officer is authorized to temporarily disarm a license holder when the license holder enters the facility. Provides the manner in which the sign is required to be displayed.

 

(d) Provides that Subsections (b) and (c) apply only to a premises used for the official business of peace officers.

 

SECTION 2. Effective date: September 1, 2007.