LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

May 25, 2013

TO:	Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB508 by Guillen (Relating to the authority of certain governmental officials to carry certain weapons on certain premises, and to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.), Conference Committee Report

No significant fiscal implication to the State is anticipated.

The bill would prevent a state agency or political subdivision from communicating to a concealed handgun license holder carrying a handgun, including certain government employees, that he or she is prohibited from carrying a handgun on the premises if such conduct is not prohibited by Section 46.03 or 46.035, Penal Code.

The bill would also provide for civil penalties of $1,000 to $1,500 for a first offense and $10,000 to $10,500 for subsequent violations.  Each day of a continuing violation would be a separate violation.

The bill would require the attorney general to investigate a complaint if the individual so requests and presents evidence that his or her right to carry a concealed handgun was violated under this section.  The attorney general or appropriate county or district attorney would be permitted to sue the responsible state agency or subdivision. After recovering reasonable expenses incurred by the attorney general, any civil penalty collected under this section would be deposited to the credit of the compensation to victims of crime fund.

The bill would include certain officeholders in the concealed handgun license procedures available to judges.  According to the Office of Court Administration, none of these provisions are expected to have a significant fiscal impact on the State.

The Office of the Attorney General (OAG) reported that the bill would have a slight positive fiscal impact on the victims of crime fund; however, OAG does not anticipate that this revenue would be significant.

OAG reported that any legal work or costs associated with the bill would be absorbed with existing resources.

Local Government Impact

A local government would be accountable for the civil penalties established by the bill; however, these costs would depend on the number of cases, if any, and would only apply in the event of noncompliance.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 407 Commission on Law Enforcement Officer Standards and Education

LBB Staff:

UP, KKR, ESi