LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

May 10, 2013

TO:	Honorable Craig Estes, Chair, Senate Committee on Agriculture, Rural Affairs & Homeland Security
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB1314 by Creighton (Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.), As Engrossed

No fiscal implication to the State is anticipated.

The bill would create a Class A misdemeanor offense for a government employee to seize a firearm in accordance with a federal law that does not exist under Texas law.

The bill would create an exception to this rule if the seizure is consistent with United States Constitutional authority. This exception could be negated in the event that the prosecution proves beyond a reasonable doubt that, based on a decision by the United States Supreme Court, the aforementioned federal law is not within the scope of powers granted by the United States Constitution.

A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

UP, SZ, KKR