LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

87TH LEGISLATIVE REGULAR SESSION
 
March 25, 2021

TO:
Honorable James White, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1911 by White (Relating to provisions governing the carrying of a handgun by certain unlicensed persons and to other provisions related to the carrying, possessing, transporting, or storing of a firearm; providing criminal penalties.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to licensed handgun carry.  Under the provisions of the bill, certain unlawful weapons carrying offenses and defenses to prosecution which, under existing statute, are applicable to persons licensed to carry a handgun, would instead apply to any person who is otherwise not prohibited from handgun carry.  Under existing statute, these unlawful weapons carrying offenses are punishable as a Class A misdemeanor or as a third-degree felony, depending on the circumstances of the offense.    

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. 

Adding to the set of circumstances which constitute a defense to prosecution is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. Expanding the set of behaviors for which a criminal penalty may be applied is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 1,045 people were arrested, 69 were placed on direct community supervision, and 19 were admitted into a state correctional institution for the offense of unlawful weapons carry under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.




Source Agencies:
LBB Staff:
JMc, DKN, LM, DGI