BILL ANALYSIS

C.S.H.B. 3138

By: Isaac

Community Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The 87th Texas Legislature enacted H.B. 1927, which eliminated the requirement for Texas residents to obtain a handgun license to legally carry a handgun if they are not prohibited by state or federal law from possessing a handgun. Visitors to Texas who meet these same standards should be afforded the same right to carry. C.S.H.B. 3138 seeks to provide for the recognition in Texas of all valid out-of-state handgun licenses.

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

C.S.H.B. 3138 amends the Government Code to remove provisions conditioning the recognition in Texas of a handgun license issued by another state on the attorney general determining that a background check is initiated before a license is issued in the other state and the governor entering into a reciprocity agreement with that state or issuing a proclamation that a license issued by that state is recognized. The bill establishes instead that a valid handgun license issued by any other state is recognized in Texas. The bill requires the governor to negotiate a reciprocity agreement with any other state that requires such an agreement before recognizing a Texas handgun license and requires the Department of Public Safety (DPS) to publish on its website and annually update a list of states in which a Texas handgun license is recognized.

C.S.H.B. 3138 repeals Sections 411.173(c) and (d), Government Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3138 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

While both the introduced and the substitute provide for the recognition of a valid out-of-state handgun license in Texas without the governor entering into a reciprocity agreement with the other state or issuing a proclamation that a license issued in that state is recognized, the introduced retained the provision in law conditioning recognition on the attorney general determining that the other state conducts a background check before issuing a handgun license. The substitute removes this condition and instead provides for blanket recognition of any valid out-of-state handgun license. Accordingly, whereas the introduced retained and amended provisions requiring an annual report from the attorney general on states that have been recognized as ones that would qualify for recognition, the substitute repeals these provisions.

Moreover, while the introduced removed entirely the provision requiring the negotiation by the governor of reciprocity agreements, the substitute retains this provision but makes it applicable only in circumstances under which another state requires such an agreement to recognize a Texas handgun license.

The substitute includes a requirement not in the introduced for DPS to publish on its website and annually update a list of states in which a Texas handgun license is recognized.