LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
March 14, 2019

TO:
Honorable Poncho Nevárez, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB302 by Paul (relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.), Committee Report 1st House, Substituted

The provisions of the bill addressed by this analysis would amend the Penal Code as it relates to the offenses of criminal trespass, trespassing by a license holder with a concealed handgun, and trespassing by a license holder with an openly carried handgun.  Under the provisions of the bill, additional defense to the prosecution for these offenses would be provided for certain actions relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property. These offenses are currently punishable as a Class A, B, or C misdemeanor, depending upon the circumstances.  

A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in a county jail for a term not to exceed one year, or both.   A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.  A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).


This analysis assumes the provisions of the bill would not result in a significant impact on state correctional populations or on the demand for state correctional resources.





Source Agencies:
LBB Staff:
WP, LM, JPo