BILL ANALYSIS

H.B. 2739

By: Capriglione

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties have expressed concern regarding situations in which a concealed handgun license is not accepted as official identification in lieu of a driver's license for access to certain goods, services, and facilities. The parties explain that the eligibility and verification requirements for obtaining a concealed handgun license are much more extensive than those involved in obtaining a driver's license and that the former requires a rigorous background check and proof that the person is at least 21 years of age, not chemically dependent, capable of exercising sound judgment, and has never been convicted of certain offenses. Therefore, the parties contend that a concealed handgun license should be accepted as valid proof of identification, with limited exceptions. H.B. 2739 seeks to address this concern.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 2739 amends the Business & Commerce Code to prohibit a person from denying the holder of a concealed handgun license access to goods, services, or facilities because the holder has or presents a concealed handgun license rather than a driver's license or other acceptable form of personal identification, except as provided by Transportation Code provisions relating to motor vehicle rentals or in regard to the operation of a motor vehicle. The bill establishes that the prohibition does not affect the types of identification required under federal law to access airport premises or pass through airport security or the requirement for a license holder who is carrying a handgun on or about the license holder's person when a magistrate or peace officer demands that the license holder display identification to display the license holder's driver's license or identification certificate issued by the Texas Department of Public Safety in addition to the license holder's concealed handgun license.

EFFECTIVE DATE

September 1, 2015.