HBA-MSH, LJP H.B. 1360 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1360 By: Carter Public Safety 2/28/2001 Introduced BACKGROUND AND PURPOSE Currently, it is unlawful for a person subject to a protective order arising from a domestic violence complaint to possess a firearm. Under this restriction some peace officers have been unable to possess a firearm and have been unable to perform their duties. Federal law exempts use by federal, state, and local agencies from federal firearm statutes, allowing peace officers to possess firearms who are otherwise prohibited. However, this exemption has not been extended to state law. House Bill 1360 exempts peace officers from provisions regulating the possession of a firearm by individuals subject to a protective order. 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 1360 amends the Family Code to provide that the restriction, within an active protective order for family violence, that it is unlawful for any person who is the subject of a protective order to possess a firearm or ammunition does not apply to a peace officer. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.