Texas Legislation
According to Texas law the 79th Legislature was in session 140 days, from Tuesday, January 11 to Monday, May 30. The last day to file regular bills was Friday, March 11.
Governor Perry had until June 19 to review bills passed by the State Legislature. He could sign a bill to authorize new law, he could let a bill become law without signing, or he could veto a bill. Check the Governor's web site at http://www.governor.state.tx.us for bills signed and vetoed.
This catalog of firearm related bills was updated June 29, 2005. Maintained by Larry Arnold, larnold@ktc.com.
Texas Legislation introduced in the 79th Legislature
Bills Catalogued
59 bills cataloged. 48 House Bills, 1 Joint Resolution, 10 Senate Bills. 19 bills passed. 6 comments.
Bills That Passed
Categories: Concealed carry. Status: Filed 12/14/04. Signed 6/18/05, effective September 1, 2005.
Categories: Concealed carry. Status: Filed 01/06/05. Signed 6/17/05, effective September 1, 2005.
Categories: Hunting. Status: Filed 01/20/05. Signed 6/9/05, effective September 1, 2005.
Categories: Hunting. Status: Filed 01/20/05. Signed 6/18/05, effective September 1, 2005.
Categories: Miscellaneous. Status: Filed 01/25/05. Signed 6/18/05, effective September 1, 2005.
Categories: Youth. Status: Filed 01/26/05. Signed 6/17/05, effective immediately.
Categories: Concealed carry. Status: Filed 01/28/05. Signed 5/24/05, effective September 1, 2005.
Categories: Miscellaneous. Status: Filed 01/31/05. Signed 6/17/05, effective September 1, 2005.
Categories: Concealed carry. Status: Filed 02/03/05. Signed 6/16/05, effective September 1, 2005.
Categories: Concealed carry. Status: Filed 02/10/05. Signed 6/16/05, effective September 1, 2005.
Categories: Hunting. Status: Filed 02/14/05. Signed 5/24/05, effective September 1, 2005.
Categories: Concealed carry. Status: Filed 02/22/05. Signed 6/18/05, effective September 1, 2005.
Categories: Possession. Status: Filed 03/1/05. Signed 6/18/05, effective September 1, 2005.
Categories: Concealed carry. Status: Filed 03/01/05. Signed 6/18/05, effective September 1, 2005.
Categories: Hunting. Status: Filed 03/04/05. Signed 6/9/05, effective September 1, 2005.
Categories: Hunting. Status: Filed 03/04/05. Signed 6/17/05, effective September 1, 2005.
Categories: Concealed carry. Status: Filed 03/07/05. Signed 6/18/05, effective September 1, 2005.
Categories: Law enforcement. Status: Filed 02/17/05. Signed 6/18/05, effective September 1, 2005.
Categories: Ranges. Status: Filed 03/02/05. Signed 5/3/05, effective immediately.
Bills Not Passed
House Bills
- HB 185, by Campbell
Categories: Hunting. Status: Filed 12/02/04.- Relating to the use and placement of certain hunting blinds and wildlife feeders.
- Makes it illegal to place or use a hunting blind or feeder within 150 yards of a fence that separates one person's property from another's unless there is a written agreement between the landowners.
- HB 217, by Bailey
Categories: Ranges. Status: Filed 12/14/04.- Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.
- Allows the commissioners court of a county with a population of more than 3.3 million to regulate sound levels to promote the public health, safety, or welfare in the unincorporated area of the county. No firing range exemption.
- HB 318, by Hupp
Categories: Concealed carry. Status: Filed 01/06/05.- Relating to the confidentiality of certain records maintained by the Department of Public Safety regarding persons licensed to carry a concealed handgun.
- Eliminates the current law enabling any person to find out if someone is licensed.
- HB 332, by Burnam
Categories: Youth. Status: Filed 01/07/05.- Relating to creating the offense of unlawful possession of certain firearms by a minor.
- Makes possession of a long gun by anyone under the age of 16 a class C misdemeanor, with complicated exemptions for hunting and other sporting use.
- HB 360, by Talton
Categories: Crime related. Status: Filed 01/11/05.- Relating to the punishment for the offense of aggravated assault.
- Raises assault with a deadly weapon and seriously injuring someone from second degree felony to first.
- HB 362, by Talton
Categories: Concealed carry. Status: Filed 01/11/05.- Relating to the acceptance of a license to carry a concealed handgun as a form of identification.
- Anyone who accepts a driver's license as ID for a particular purpose must also accept a CHL.
- HB 391, by Smith, Todd
Categories: Hunting. Status: Filed 01/13/05.- Relating to computer-assisted hunting from remote locations; providing penalties.
- Makes it a criminal offense to participate in or provide computer-assisted hunting, which involves using a computer to control the aiming and discharge of a firearm to hunt any animal in Texas, including a bird.
- HB 552, by Phillips
Categories: Hunting. Status: Filed 01/25/05.- Relating to exempting certain military personnel from the hunter education program.
- Exempts active duty and honorably discharged military personnel from taking Hunter Education.
- HB 560, by Miller
Categories: Hunting. Status: Filed 01/25/05.- Relating to the placement of traps, deer stands, hunting blinds, wildlife feeders, and other hunting devices.
- Prohibits placing or building a hunting device, including a trap, deer stand, hunting blind, or wildlife feeder, less than 200 feet from a line that separates property owned by one person from property owned by another person without a written agreement.
- HB 576, by Haggerty
Categories: Miscellaneous. Status: Filed 01/25/05.- Relating to restrictions on the use of stun guns; providing a penalty.
- Prohibits possession of a stun gun by persons unless they have a CHL, security guard, or law enforcement certification and have completed a state training course. Only DPS officers may be certified to teach the course.
- HB 705, by Castro
Categories: Miscellaneous. Status: Filed 01/31/05.- Relating to the disposition of seized weapons.
- Allows a seized weapon that would otherwise be destroyed or forfeited to law enforcement, to be turned over to a county forensic laboratory designated by the magistrate.
- HB 862, by Farabee
Categories: Miscellaneous. Status: Filed 02/07/05.- Relating to the punishment for the offense of assault.
- Makes it a felony to assault a public servant with a stun gun.
- HB 896, by Farabee
Categories: Concealed carry. Status: Filed 02/08/05.- Relating to the rights and liabilities of an employer with respect to the carrying of a concealed handgun.
- Under this bill public or private employers can still limit concealed carry on the premises of their business, but can not prohibit licensed employees from transporting or storing a concealed handgun in a locked vehicle in any parking lot, parking garage, or other designated parking area. Also public or private employers would not be liable in a civil action for damages resulting from an occurrence involving the possession of a concealed handgun by a licensee.
- HB 1037, by Isett
Categories: Concealed carry. Status: Filed 02/10/05.- Relating to the prosecution of the offense of unlawfully carrying a handgun, illegal knife, or club.
- Rewording.
- HB 1066, by Hegar
Categories: Concealed carry. Status: Filed 02/14/05.- Relating to the issuance of concealed handgun licenses to residents of other states and to reciprocity agreements with other states concerning concealed handgun licenses.
- Allows the resident of any state to qualify for a Texas out of state CHL. Makes it slightly easier for Texas to recognize the license of another state. This legislation was included by amendment in HB 225.
- HB 1067, by Hegar
Categories: Concealed carry, Possession. Status: Filed 02/14/05.- Relating to banning air guns, conducted energy weapons, facsimile firearms, and stun guns from certain premises; providing criminal penalties.
- Adds tasers, stun guns, air guns, and imitation guns to the list of weapons prohibited in the locations of PC 46.03. Prohibits firearms and the other items, including concealed carry, in school parking areas.
- HB 1075, by Menendez
Categories: Law enforcement. Status: Filed 02/14/05.- Relating to the application of the offense of criminal trespass to certain law enforcement officers.
- Law enforcement officers can't be prosecuted for violating the general trespass law if all they do is carry a firearm. Similar to the protection now in effect for CHLs.
- HB 1292, by Hilderbran
Categories: Miscellaneous. Status: Filed 02/17/05.- Relating to the allocation and use of revenue from the sales tax imposed on sporting goods.
- Raises the Texas Parks and Wildlife Department share of sporting goods sales tax.
- HB 1308, by Ritter
Categories: Concealed carry. Status: Filed 02/17/05.- Relating to a waiver of concealed handgun license fees for certain members and veterans of the United States armed forces.
- Waives all concealed handgun fees for members of the armed forces, including National Guard and Reserves, and veterans who have served on active duty in the last year.
- HB 1352, by Pena
Categories: Hunting. Status: Filed 02/22/05.- Relating to the state policy on fish and wildlife management and hunting and fishing.
- States that hunting and fishing are a valued part of our heritage and will be forever preserved for the people.
- HB 1364, by Mowery/et al.
Categories: Miscellaneous. Status: Filed 02/22/05.- Relating to municipal regulation of the discharge of firearms and certain other weapons.
- Restricts the ability of a city to prohibit the discharge of firearms on large pieces of land in their extraterritorial jurisdiction. Included in SB 734.
- HB 1549, by Alonzo
Categories: Concealed carry. Status: Filed 02/23/05.- Relating to certain warning signs required on certain premises.
- Signs posted to mark places licensed to sell alcohol will have to say they don't apply to peace officers, etc.
- HB 1566, by Farabee
Categories: Possession. Status: Filed 02/24/05.- Relating to possession of a deadly weapon in a secured area of an airport; creating an offense.
- Makes it illegal to enter the secured area of an airport carrying or concealing a deadly weapon or having one concealed in carry-on baggage.
- HB 1628, by Betty Brown
Categories: Miscellaneous. Status: Filed 03/01/05.- Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.
- Noise control bill without shooting range exemption.
- HB 1703, by Kuempel
Categories: Hunting. Status: Filed 03/02/05.- Relating to the hunting of certain wounded or dangerous wildlife.
- Allows the hunting of injured or diseased wildlife without a license.
- HB 2293, by Cook, Robbie
Categories: Possession. Status: Filed 03/08/05.- Relating to the disposition of seized weapons.
- Prohibits returning a seized weapon to a person not eligible to possess it, or to a person given deferred adjudication for a violation involving the weapon.
- HB 2317, by Puente
Categories: Law enforcement. Status: Filed 03/08/05.- Relating to the seizure of property by law enforcement and to the treatment of that property in a criminal proceeding.
- Firearms or contraband seized in counties over 500,000 population would be returned to the agency that seized them, instead of being released automatically to the sheriff. See SB 1549.
- HB 2343, by Luna
Categories: Miscellaneous. Status: Filed 03/08/05.- Relating to the definition of an illegal knife; providing criminal penalties.
- "Clarifies" the legal definition of "illegal knife."
- HB 2545, by Casteel
Categories: Ranges. Status: Filed 03/10/05.- Relating to the authority of counties to enact noise regulations; providing a criminal penalty.
- Noise regulation bill with firing range and shooting exemption.
- HB 2633, by Vo
Categories: Concealed carry. Status: Filed 03/10/05.- Relating to the unlawful carrying of a handgun on certain premises used for law enforcement.
- Prohibits concealed carry in any building or portion of a building used for the official business of peace officers, special investigators, or adjunct police officers, and posted with 30.06. See SB 664.
- HB 3386, by Talton
Categories: Concealed carry. Status: Filed 03/11/05.- Relating to the possession or shooting of a handgun on the land of the Lower Colorado River Authority by a person licensed to carry a concealed handgun.
- Legalizes concealed carry and self-defense on LCRA property.
- HB 3387, by Talton
Categories: Miscellaneous. Status: Filed 03/11/05.- Relating to offenses committed within a school zone.
- Removes the words "Weapons Free" from the term "Weapons Free School Zone" in PC 46.11.
- HB 217, by Bailey
Joint Resolutions
- HJR 101, by Rose
Categories: Hunting. Status: Filed 03/11/05.- Proposing a constitutional amendment establishing the right to clean air and water and to enjoy reasonable access to certain natural resources.
- Proposing a constitutional amendment establishing the right to clean air and water and to enjoy reasonable access to certain natural resources.
- Proposes a constitutional amendment adding Section 32 to the Texas Bill of Rights: Each person has the right to clean air and water, and to hunt, fish, and otherwise enjoy reasonable access to fish, wildlife, and public lands and waters, and the Legislature shall pass such laws as may be necessary to protect those rights and to secure those resources for future generations.
Senate Bills
- SB 173, by Harris
Categories: Concealed carry, possession. Status: Filed 01/11/05.- Relating to banning handguns and certain other weapons from parking areas associated with schools or educational institutions; providing criminal penalties.
- Relating to banning handguns and certain other weapons from parking areas associated with schools or educational institutions; providing criminal penalties.
- Prohibits possession of any firearm in school parking lots, including concealed carry.
- SB 661, by Ellis
Categories: Crime. Status: Filed 02/22/05.- Relating to the punishment for the offense of aggravated assault.
- Raises the punishment for assaulting a person with a deadly weapon or assaulting a public servant, witness, or security guard to a first degree felony.
- SB 664, by Ellis
Categories: Concealed carry. Status: Filed 02/22/05.- Relating to the unlawful carrying of a handgun on certain premises used for law enforcement.
- Prohibits concealed carry in any building or portion of a building used for the official business of peace officers, special investigators, or adjunct police officers, and posted with 30.06. See SB 2633.
- SB 834, by Eltife
Categories: Concealed carry. Status: Filed 03/01/05.- Relating to the applicability of certain weapons laws to certain prosecutors licensed to carry a concealed handgun.
- Allows a district attorney, criminal district attorney, or county attorney who is licensed to carry a concealed handgun to carry in the list of places under 46.03; schools, polling places, racetracks, courtrooms, etc. Included in HB 2110.
- SB 869, by Ellis
Categories: Miscellaneous. Status: Filed 03/01/05.- Relating to the collection and dissemination of certain information for a federal firearm background check.
- Requires Texas to submit mental health information to the National Instant Check System database for use in NICS background checks.
- SB 1196, by Hinojosa
Categories: Concealed carry. Status: Filed 03/09/05.- Relating to an exception to the application of the offense of unlawful carrying of weapons.
- Legalizes carrying a handgun for self-defense without a CHL while travelling in a privately owned motor vehicle. This is an expansion of rights, but it may result in a drop in the number of concealed handgun licensees as those who want to carry only in their car drop out. Included in HB 823. See HB 823.
- SB 1386, by Ellis
Categories: Possession. Status: Filed 03/10/05.- Relating to prohibiting semiautomatic assault weapons; creating an offense.
- Prohibits possessing, manufacturing, transporting, repairing, selling, or offering to sell a "semiautomatic assault weapon" manufactured after January 1, 1899. Grandfathers possession only for the owner as of August 31, 2005. Includes a variety of rifles, pistols, and shotguns.
- SB 1549, by Van de Putte
Categories: Law enforcement. Status: Filed 03/11/05.- Relating to the seizure of property by law enforcement and to the treatment of that property in a criminal proceeding.
- Firearms or contraband siezed in counties over 500,000 population would be returned to the agency that siezed them, instead of being released automatically to the sheriff. See HB 2317.
- SB 661, by Ellis
Submitted Comments
- 02/07/05
- HB 823, Chris Bird:
- I think this bill is a definite step in the right direction. It moves in the direction of the real meaning of the Second amendment. As Eric Croft, a representative in the Alaska Legislature asked the people at the banquet celebrating the 10th anniversary of the Arizona concealed carry law: "Why do you need government permission to exercise a constitutional right?"
As it is, the Texas CHL is one of the most expensive in the nation so anything that makes it easier for law abiding citizens to defend themselves against criminal threat or attack is to be applauded. Suzanna calls the current licensing system "discriminatory at best and racist at worst." Poor blacks and Hispanics cannot afford licenses but may need to defend themselves more often than middle class license holders. How about the single mom who is being stalked by a former husband or boy friend and living in a ghetto?
Yes, we may lose some license holders which may cost some instructors money but let's not lose sight of the principal of an armed citizenry because of our avarice. Anyway people who already have licenses will mostly renew them I believe. They are still useful for reciprocity with other states and renewals are significantly cheaper. As to the dangers of putting untrained people on the street, many states such as Pennsylvania, Washington and South Dakota do not require a training course for a license. Other states such as Virginia, Arizona and New Mexico have had open carry laws for decades without a problem. Also people have guns in their homes in Texas without using them unwisely.
I think HB823 is a bill all gun owners should support.- Larry's response:
- Excelent points. Just to clarify, it's not the income. I'm more concerned with losing the legislative clout of CHLs and the demonstrated competence of that discreet group, as in the Sturdevant study.
Thanks for your comment.
- 2/21/05
- HB 506, Bob Thompson:
- I'm not sure how HB 506 impacts concealed handgun owners, but to the extent they are the same people who hunt ducks and geese along the Texas coast, HB 506 is definitely bad news.
The effect of HB 506 would be to put large areas of the coastal marshes off-limits to most of us for waterfowl hunting purposes, limiting access to the migratory waterfowl which are found there, and what should be a public resource, to a favored few who are fortunate to own or have access to the marshes.
The situation is not at all analogous to private lands out of the tidal zone. Inundated lands have always been subject to certain public rights, not least of which are hunting and fishing. This bill represents the repudiation of a long tradition of public hunting in the marshes along the Texas coast and elsewhere in the state and will adversely affect thousands of duck hunters, myself included.
Please reconsider your opinion!- Larry's response:
- I have removed the "Thumbs Up."
Thanks for your comment.
- 03/04/05
- HB 603, Jack Griffith:
- Actually, the way I read this, it makes it easier on some students. It adds the requirement that the student MUST "intentionally, knowingly, or recklessly" possess said weapon on school grounds. Now, mere possession triggers automatic expulsion. This leads to situations where a student helped his grand-mother move and accidently left a bread knife in his truck bed, or students whose dad accidently left or forgot a gun in the car. Now the school will have to prove the student "intentionally, knowingly, or recklessly". It probably will not have any practical effect most schools will knee-jerk expel them anyway.
This sound like it was intentional, knowingly and reckless to you?
STRIKE 2, YOU'RE OUT: A drug dog doing a routine sniff of cars at R.E. Lee High School in Staunton, Va., alerted near the car parked by student body president Sam Dungan, 17. Officials demanded he let them search the car but Dungan, the son of a defense attorney, called his dad instead. After all, it was his dad's car, since his own was broken down. His father, James Dungan, arrived at the school and consented to a search, since "I don't smoke marijuana, my wife doesn't smoke marijuana, and my son doesn't smoke marijuana," he told them. Bad idea: the search turned up a rusty Boy Scout knife and a bottle of cream liqueur, left in the car after a Christmas party. Good enough: Sam was suspended for 5 days for "possessing" a "weapon" and alcohol on campus. He also must attend alcohol counseling. (Waynesboro News Virginian) ...On the other hand, he may have a good malpractice case against his attorney.- Larry's response:
- Actually, it does. If someone leaves a gun or ammunition in your carryon bag and you get caught "recklessly" carrying it through an airport metal detector, you're going to jail. (Unless you're a celebrity.)
Thanks for your comment.
- 03/04/05
- HB 823, Jack Griffith:
- I agree with Chris. It is the right thing to do, it is more in keeping with the intent of the 2nd amendment. Unfortunately, it will cost us students, however, I still support it.
- Larry's response:
- Thanks for your comment.
- 03/09/05
- HB 823, Les:
- Since there's already an exception under Chapter 46 for "traveling" how will "traveling in a privately owned motor vehicle" be different? I realize there's case law somewhat defining traveling but I don't think Rep. Keel's definition of traveling is the same. Will there be two different definitions for "traveling" in the same chapter?
Otherwise, I'm okay with Rep. Keel's assumed intent of this amendment but, as a retired officer, would prefer to see "exception" changed to "defense".- Larry's response:
- The "exceptions" in PC 46.15 used to be "defenses." As a result, people were arrested and forced to prove the defense to a jury. As a non-LEO, I prefer to rely on an exception.
The "traveling" definition question is a good one, but not without precident. Before the issue was clarified we had two definitions of "premises" in Chapter 46. The purpose of this bill of course is to allow carrying in a vehicle at any time without a license.
Thanks for your comment.
- 03/09/05
- SB 578, Les:
- This is a good bill but needs just a bit of work. The requirement for the retired officer to be "receiving retirement benefits" needs to be changed to require the retired officer to be "eligible for retirement benefits". Some of us are eligible but not drawing the benefits yet because we're still working in other (non LEO) jobs.
Also, Chapter 46.15 needs to be changed from 20 years service to 15 years service to be in agreement with this bill and with the national Law Enforcement Officers Safety Act.
My comments have been sent to Sen Staples and to my own senator.- Larry's response:
- Thanks for making the effort to contact your representatives. That's what I hope this page encourages.
Thanks for your comment.
Using this Resource
- The category index on the left links to listings on this page, and helps you find legislation by category.
- In each listing the bill number is linked to the Texas Legislature site, where you can read the text or see where the bill is in the legislative process. Those links open a new window. Close that window to return here.
- The opinion graphics represent my opinion only. If you have a comment email me at larnold@ktc.com. At my discretion I may publish signed comments.
- Thumbs up is a bill that would be good for civilian gun owners.
- Thumbs down is a bill that would not.
- The caution symbol marks a bill where an amendment could hurt us.
- A bill with no marking is gun-owner neutral.
- Do your own research. Search the State Legislature pages for introduced legislation. Select bill numbers, categories, authors, and so forth. The categories I regularly search are ENVIRONMENT--NOISE (I0335), PARKS & WILDLIFE--HUNTING & FISHING (I0560), and WEAPONS (I0887).
- Search the State Legislature pages for existing statutes.
- Learn about the Texas Legislative Process.
- The archived 78th Legislature, 2003; the archived 77th Legislature, 2001; and 76th Legislature, 1999.