HBA-RBT, NLM H.B. 592 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 592
By: Goolsby
Public Safety
7/13/1999
Enrolled



BACKGROUND AND PURPOSE 

Currently, if the Department of Public Safety (DPS) determines that a
reason exists to deny, suspend, or revoke a handgun license of an
individual who is a certified instructor, DPS is authorized to take the
same action with regards to the instructor's certification.  However, the
law does not provide a specified method by which DPS could perform a
background check on instructors to determine whether or not a reason exists
to take these actions.  H.B 592 requires DPS to conduct a background check
of all applicants for certification as a qualified handgun instructor in
the same manner as for an applicant for a license to carry a concealed
handgun. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.190 (c), Government Code, to require the
Department of Public Safety of the State of Texas (department) to conduct a
background check of an applicant for certification as a qualified handgun
instructor in a manner applicable to the applicant for a license to carry a
concealed handgun.  Prohibits the department from issuing a certificate if
the background check indicates that the applicant would not qualify to
receive a handgun license. Requires the department to provide handgun
instructor training to a qualified applicant.  Makes nonsubstantive
changes. 

SECTION 2.  Provides that Section 411.190 (c), Government Code, as set out
in this Act, gives effect to changes made by Section 12, Chapter 1261, Acts
of the 75th Legislature, in accordance with the codification provisions,
under Section 311.031(c), Government Code (Saving Provisions). Section
311.031(c) states that the repeal of a statute by a code does not affect an
amendment, revision, or reenactment of the statute by the same legislature
that enacted the code.  The amendment, revision, or reeactment is preserved
and given effect as part of the code provision that revised the statute so
amended, revised, or reenacted. Provides that this Act prevails over
another Act of the 76th Legislature, Regular Session, 1999, in the event of
any conflict relating to nonsubstantive additions and corrections in
enacted codes.  

SECTION 3.   Makes application of this Act prospective.  Provides that the
change in law made by this Act applies only to an application for
certification as a qualified handgun instructor that is submitted on or
after the effective date. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.