| TO: | Honorable Dan Patrick, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | HB910 by Phillips (Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating criminal offenses. ), Conference Committee Report |
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to allow licensed citizens to openly carry a handgun in a shoulder or belt holster, except in certain locations associated with institutions of higher education. Under current law, unlawful carrying of a handgun by a license holder and unlawful carrying of a weapon are a Class A misdemeanor or a third degree felony, depending upon the circumstances of the offense. A Class A misdemeanor is punishable by confinement in jail for a term not to exceed one year and an optional fine to exceed $4,000. A third degree felony is punishable by confinement in prison for a term of two to 10 years and an optional fine not to exceed $10,000.
In fiscal year 2014, 183 individuals were arrested, 52 were placed under felony supervision, and 37 were admitted into state correctional institutions for unlawfully carrying a weapon. In fiscal year 2014, 17 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of unlawfully carrying a handgun by a license holder. A statewide repository containing the level of detail necessary to isolate those individuals who openly carried a handgun in a shoulder or belt holster and had a valid license to carry a handgun at the time of the offense from all other individuals arrested and convicted under the statutes referenced by the bill is not currently available. This analysis assumes any reduction in correctional populations as a result of implementing the provisions of the bill would not result in a significant impact on state correctional populations, programs, or workloads.
| Source Agencies: |
| LBB Staff: | UP, ESi, LM, JPo
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