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.