HBA-NRS H.B. 118 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 118
By: Wise
Public Safety
2/13/2001
Introduced



BACKGROUND AND PURPOSE

Under current law, a person is eligible to receive a concealed handgun
license if the person meets certain criteria and pays the $140 application
and license fee. Certain persons are permitted to pay a reduced fee. House
Bill 118 authorizes a person who is a member of the state military forces
to apply for a concealed handgun license and pay a fee of $25 to receive
the license. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 118 amends the Government Code to authorize a person who is a
member of the state military forces to apply for a concealed handgun
license. The bill requires the applicant to submit to the Department of
Public Safety (DPS)  two complete sets of fingerprints and a sworn
statement of the commanding officer of the applicant's unit. The bill
prohibits the commanding officer from refusing to issue the statement and
requires DPS to investigate the validity of the statement if the applicant
alleges that the statement is untrue. The bill sets forth that the
statement must include: 

_the name and rank of the applicant;

_whether the applicant has been accused of misconduct at any time during
the applicant's period of membership in the state military forces and the
disposition of the accusation; 

_a description of the physical and mental condition of the applicant;

_a list of the types of weapons the applicant has demonstrated proficiency
with during the preceding year; and 

_a recommendation from the commanding officer that a concealed handgun
license be issued to the applicant.  

The bill authorizes DPS to issue the concealed handgun license if the
statement from the commanding officer of the applicant's unit is in
compliance and it indicates that the applicant is qualified and physically
and mentally fit to carry a handgun. The bill requires the applicant to pay
a fee of $25 for a concealed handgun license and provides that the license
will expire on the first birthday of the license holder occurring after the
fourth anniversary of the date of issuance. 
 
EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.