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BILL ANALYSIS

 

 

 

H.B. 3443

By: Canales

Community Safety, Select

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, Texans with a handgun license and a driver's license are required to carry two separate cards, both issued by the Department of Public Safety. This is unnecessarily burdensome. H.B. 3443 seeks to make it easier for Texans to show proof of having a handgun license by allowing Texans with a handgun license to opt-in to having their proof of licensure added to their driver's license or commercial driver's license.

 

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 rulemaking authority is expressly granted to the Department of Public Safety in SECTION 2 of this bill.

 

ANALYSIS

 

H.B. 3443 amends the Government Code to require the Department of Public Safety (DPS) to adopt rules not later than December 1, 2023, allowing an applicant for an original, duplicate, modified, or renewed handgun license who submits the application on or after January 1, 2024, in addition to being issued the license, to elect to include on the person's driver's license or commercial driver's license (CDL) a designation indicating that the person is licensed to carry a handgun. The rules must include procedures to ensure that a person who makes such an election:

·         receives the designation only if they meet the requirements for issuance of the original, duplicate, modified, or renewed handgun license; and

·         maintains the designation only during the period for which they are licensed to carry a handgun.

 

H.B. 3443 amends the Transportation Code to require DPS to include on each driver's license or CDL issued to a handgun license holder who makes such an election a designation that shows the person is licensed to carry a handgun and that includes their handgun license number and a statement of the period for which the handgun license is effective. This requirement applies only with respect to a driver's license or CDL issued or renewed on or after January 1, 2024.

 

H.B. 3443 revises the requirement for a handgun license holder who is carrying a handgun on or about their person when a magistrate or a peace officer demands that they display identification to display both their DPS-issued driver's license or identification certificate and their handgun license as follows:

·         includes a CDL among the forms of identification the license holder may provide along with their handgun license; and

·         gives the license holder the option to display instead only their driver's license or CDL that includes the handgun license designation.

 

H.B. 3443 amends the Business & Commerce Code to make a conforming change.

 

EFFECTIVE DATE

 

September 1, 2023.