BILL ANALYSIS

C.S.H.B. 2665

By: Taylor, Van

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

A concealed handgun license is currently not considered by some businesses, service providers, or other entities as a valid form of identification for the purpose of accessing goods, services, or facilities, despite the rigorous process involved in obtaining a concealed handgun license from the Department of Public Safety. C.S.H.B. 2665 seeks to enable concealed handgun license holders to establish or confirm the license holder's identity by means of such a concealed handgun license, rather than a driver's license or other acceptable form of identification, in most cases during the course of a transaction regarding access to goods, services, or facilities.

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

C.S.H.B. 2665 amends the Business & Commerce Code to prohibit a person from denying the holder of a concealed handgun license access to goods, services, or facilities, with the exception of motor vehicle rentals or in regard to the operation of a motor vehicle, because the holder has or presents a concealed handgun license rather than a driver's license or other acceptable form of personal identification. The bill's provisions expressly do not affect the requirement to display both a concealed handgun license and a driver's license or personal identification certificate on request by a peace officer or magistrate or affect the types of identification required under federal law to access airport premises or pass through airport security.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2665 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subtitle A, Title 11, Business & Commerce Code, is amended by adding Chapter 506 to read as follows: CHAPTER 506.  CONCEALED HANDGUN LICENSES AS VALID FORMS OF PERSONAL IDENTIFICATION Sec. 506.001.  CONCEALED HANDGUN LICENSE AS VALID PROOF OF IDENTIFICATION.  A person may not deny the holder of a concealed handgun license issued under Subchapter H, Chapter 411, Government Code, access to goods, services, or facilities, except as provided by Section 521.460, Transportation Code, or in regard to the operation of a motor vehicle, because the holder has or presents a concealed handgun license rather than a driver's license or other acceptable form of personal identification.	SECTION 1.  Subtitle A, Title 11, Business & Commerce Code, is amended by adding Chapter 506 to read as follows: CHAPTER 506.  CONCEALED HANDGUN LICENSES AS VALID FORMS OF PERSONAL IDENTIFICATION Sec. 506.001.  CONCEALED HANDGUN LICENSE AS VALID PROOF OF IDENTIFICATION.  (a)  A person may not deny the holder of a concealed handgun license issued under Subchapter H, Chapter 411, Government Code, access to goods, services, or facilities, except as provided by Section 521.460, Transportation Code, or in regard to the operation of a motor vehicle, because the holder has or presents a concealed handgun license rather than a driver's license or other acceptable form of personal identification. (b)  This section does not affect: (1)  the requirement under Section 411.205, Transportation Code, that a person subject to that section present a driver's license or identification certificate in addition to a concealed handgun license; or (2)  the types of identification required under federal law to access airport premises or pass through airport security.
SECTION 2.  This Act takes effect September 1, 2013.	SECTION 2. Same as introduced version.