BILL ANALYSIS

H.B. 2131

By: Geren

House Administration

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, Texans with concealed handgun licenses (CHL) can bypass certain security devices at the entrances of the Capitol building.  To obtain a CHL, an applicant must meet certain requirements, including showing proof of identity and residency, paying a license fee, and having a criminal background check.

H.B. 2131 establishes a pass for expedited access that allows a person to enter the Capitol building and extension more conveniently and sets out requirements for obtaining the pass that are similar to those applicable for obtaining a CHL.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Department of Public Safety in SECTION 1 of this bill.

ANALYSIS

H.B. 2131 amends the Government Code to require the Department of Public Safety (DPS) to allow a person to enter the Capitol and the Capitol Extension, including any public space in the Capitol or extension, in the same manner as DPS allows entry to a person who presents a concealed handgun license if the person obtains from DPS a Capitol access pass and presents the pass to the appropriate law enforcement official when entering the building or a space within the building. The bill requires a person, to be eligible for a Capitol access pass, to meet the eligibility requirements applicable to a license to carry a concealed handgun other than requirements regarding evidence of handgun proficiency. The bill requires DPS to adopt rules to establish a procedure by which a Texas resident may apply for and be issued a Capitol access pass.  The bill requires such rules to include provisions for eligibility, application, approval, issuance, and renewal that require DPS to conduct the same background check on an applicant for a Capitol access pass that is conducted on an applicant for a concealed handgun license; enable DPS to conduct the background check; and  establish application and renewal fees in amounts sufficient to cover the cost of administering the bill's provisions, not to exceed the amounts of similar fees required for a concealed handgun license.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.