Texas Legislation
According to Texas law the 78th Legislature was in session 140 days, from Tuesday, January 14 to Monday, June 2. The last day to file regular bills was Friday, March 14.
Governor Perry had until June 22 to review bills passed by the State Legislature. He can sign a bill to authorize new law, he can let a bill become law without signing, or he can veto a bill. Check the Governor's web site at http://www.governor.state.tx.us for bills signed.
This catalog of firearm related bills was updated June 22, 2003. Maintained by Larry Arnold, larnold@ktc.com.
Texas Legislation introduced in the 78th Legislature
Bills Catalogued
56 bills cataloged. 46 House Bills, 10 Senate Bills. 13 bills passed.
Bills That Passed
Categories: Possession. Status: Filed 12/12/02, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Hunting. Status: Filed 12/17/02, Passed both Houses and sent to the Governor. To take effect September 1, 2003.
Categories: Juveniles. Status: Filed 01/24/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Crime Related. Status: Filed 02/11/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Hunting. Status: Filed 03/06/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Law Enforcement. Status: Filed 03/04/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Concealed Carry. Status: Filed 03/05/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Hunting. Status: Filed 03/17/03, Passed both Houses and sent to the Governor. To take effect September 1, 2003.
Categories: Concealed Carry. Status: Filed 03/14/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Law Enforcement. Status: Filed 11/12/02, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Law Enforcement. Status: Filed 11/15/02, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Hunting. Status: Filed 02/05/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Categories: Concealed Carry. Status: Filed 02/14/03, Passed both Houses and sent to the Governor. Signed by Governor Perry. To take effect September 1, 2003.
Bills Not Passed
House Bills
- HB 130, by Burnam
Categories: Sales, Juveniles. Status: Filed 11/12/02, In HCMTE Criminal Jurisprudence.- Relating to the prosecution of the offense of unlawful transfer of certain weapons.
- Relating to the prosecution of the offense of unlawful transfer of certain weapons.
- Makes it illegal to sell, rent, or lease a firearm to anyone under 18. Provides protection for loaning or giving a long gun, and limited protection for loaning or giving a handgun. Lowers the required standard of proof from "intentionally or knowingly" to "negligently." Other changes.
- HB 131, by Burnam
Categories: Possession, Juveniles. Status: Filed 11/12/02, In HCMTE Juvenile Justice & Family Issues.- Relating to creating the offense of unlawful possession of certain firearms by a minor.
- Makes it a Class C misdemeanor for a person under 17 to possess a long gun, except under certain circumstances. Provides for the firearm to be seized. Charges will be dropped if the parents show up at the hearing, and the court may return the firearm.
- HB 141, by Hope
Categories: Law Enforcement. Status: Filed 11/12/02, In HCMTE Law Enforcement, Reported favorably as substituted.- Relating to the authority of certain retired peace officers to carry certain weapons.
- Allows retired LEOs to carry a handgun if they recertify annually. Companion to SB117.
- HB 220, by Hupp
Categories: Concealed Carry. Status: Filed 11/20/02, Sent to Calendars, In SCMTE Criminal Justice.- Relating to the confidentiality of certain records maintained by the Department of Public Safety regarding persons licensed to carry a concealed handgun.
- Presently the DPS must disclose whether a CHL has a license to "any other individual." This restricts that to licensed private investigators. Comment
- HB 223, by Bailey
Categories: Ranges. Status: Filed 11/21/02, In HCMTE County Affairs. Left pending in committee.- Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.
- Allows a county with a population over 3.3 million (Houston) to regulate noise levels. Presently contains an exemption for the discharge of a firearm at a shooting range.
- HB 243, by Allen
Categories: Concealed Carry, Possession and Sale. Status: Filed 11/25/02, Left pending in committee.- Relating to the possession or carrying of weapons on certain premises associated with a school or educational institution; providing penalties.
- Makes it illegal to possess a firearm on school parking areas, streets, etc. Allows concealed carry in such areas. Allows possession of a rifle or shotgun in such areas if it is in a car and the owner is going to or has come from hunting or sport shooting. Allows possession of firearms on school property for school-sponsored classes or shooting events. Comment Comment
- HB 278, by Moreno, Paul
Categories: Sales. Status: Filed 12/11/02, In HCMTE Law Enforcement.- Relating to the creation of a ballistics database for use by law enforcement officials; creating an offense.
- Requires the creation of a Texas ballistic "fingerprinting" system for all firearms legally transferred in the state. Inadequately funds it by imposing a $50 fee on persons convicted of offenses involving firearms. While the bill is not clearly written, I think it only requires the cataloging of shells and cases, not bullets. Does not track the firearm past the sale by a dealer.
- HB 324, by Berman
Categories: Hunting. Status: Filed 12/27/02, In HCMTE State Cultural & Rec. Res.- Relating to the application of fishing and hunting license requirements to a person at least 70 years of age.
- Waives the fee for hunting licenses for Texas residents over 70 years old and for out of state hunters over 70 if their state reciprocates.
- HB 498, by Isett
Categories: Concealed Carry. Status: Filed 01/22/03, In HCMTE Civil Practices, Placed on general state calendar.- Relating to certain reduced fees for a license to carry a concealed handgun.
- Reduces the renewal fee for seniors by half, as their other fees already are.
- HB 534, by King
Categories: Miscellaneous. Status: Filed 01/23/03, Consolidated with similar bills.- Relating to Texas State Rifle Association license plates.
- Designates a part of the fee charged for Texas State Rifle Association license plates to Texas A&M University to supplement the scholarship program supported by the Texas State Rifle Association and to provide scholarships for students who participate in the Reserve Officers Training Corps program. (Conflict of Interest Note: I graduated from Texas A&M.)
- HB 561, by Deshotel
Categories: Juveniles. Status: Filed 01/27/03, In HCMTE Public Education. Left pending in committee.- Relating to possession of knives by students on public school grounds or at school-sponsored events.
- A student may already be expelled for possession of an illegal knife. This extends expulsion for possession of any knife on school property or during a school-sponsored or school-related event. There is a small loophole in that a student may possess a knife provided by or permitted by a school district while actually using it for the school-approved purpose.
- HB 743, by Hochberg
Categories: Miscellaneous. Status: Filed 02/06/03, In HCMTE Defense Affairs. Left pending in committee.- Relating to paramilitary training organizations; providing criminal penalties.
- Prohibits three people meeting to train anyone with chemical dispensing units, explosive weapons, or firearms if they plan to use them for civil disturbances. Prohibits participating in such a meeting. Prohibits belonging to an organization that conducts such training, even if you don't participate or know about it. Violation is a state jail felony.
- HB 815, by Hupp
Categories: Hunting. Status: Filed 02/10/03, In HCMTE State Cultural and Recreational Res, Subject to call.- Relating to a landowner's killing certain depredating animals.
- Landowners won't need licenses to hunt depredating feral hogs on their own property.
- HB 819, by Isett
Categories: Concealed Carry, Possession and Sale, Hunting. Status: Filed 02/11/03, In HCMTE Law Enforcement. Sent to Calendars.- Relating to the prosecution of the offense of unlawfully carrying a handgun, illegal knife, or club.
- Presently the prohibition against carrying a handgun "does not apply" if you have a license, are on your own property, are engaging in shooting sports, hunting, etc. This would reword the law to make it an "exception to the application." Weakens our authority as gunowners.
- HB 840, by Howard
Categories: Miscellaneous. Status: Filed 02/11/03, In HCMTE Criminal Jurisprudence.- Relating to the criminal consequences of engaging in certain conduct with respect to an illegal knife, switchblade knife, or club.
- Current law prohibits carrying an illegal knife or a club in much the same way it does a handgun. This bill removes those prohibitions. It also deletes a switchblade knife from the list of prohibited weapons.
- HB 878, by Hupp
Categories: Concealed Carry. Status: Filed 02/12/03, In HCMTE Criminal Jurisprudence, Considered in calendars.- Relating to the application of criminal trespass laws to persons licensed to carry a concealed handgun.
- Trespass and trespass by a CHL laws (PC30.05 and PC30.06) can't be used to deny entry on government property if entry is denied only because a licensee is legally carrying. Locations listed in PC46.03 and PC46.035 (Government–run hospitals and nursing homes and government meetings) could still be posted. Companion to SB 501.
This bill was amended in an attempt to reverse its effect and strengthen the authority of cities and counties, but the amendment was stripped out in committee.
- HB 1191, by Allen
Categories: Miscellaneous. Status: Filed 02/21/03, In HCMTE State Affairs, Reported favorably as substituted. In SCMTE Infra. Dev. & Security.- Relating to the confidentiality of, and the application of the public information law to, certain sensitive information.
- Designates certain information as confidential as it relates to efforts against terrorism. Includes restrictions on government information concerning explosive weapons.
- HB 1257, by Allen
Categories: Concealed Carry. Status: Filed 02/24/03, In HCMTE Law Enforcement. Posting rule suspended.- Relating to laws regulating the carrying of weapons and the places where weapons are prohibited and to the organization of those laws in the statutes.
- Reorganizes Chapter 46. As I read it there are no actual changes in the effect of the law.
- HB 1259, by Davis, Yvonne
Categories: Concealed Carry. Status: Filed 02/24/03, In HCMTE Law Enforcement.- Relating to an applicant's eligibility and satisfaction of the handgun proficiency requirement to obtain or renew a license to carry a concealed handgun.
- Raises the length of the CHL course to 15 to 20 hours and the renewal course to 8 hours. Requires an applicant for a new license to submit a certificate from a psychiatrist or psychologist who has conducted an interview of the applicant and certifies the applicant is capable of exercising sound judgment with respect to the proper use and storage of a handgun.
- HB 1289, by Moreno, Joe E.
Categories: Miscellaneous. Status: Filed 03/03/03, In HCMTE Criminal Jurisprudence, Left pending in committee.- Relating to the definition of "deadly weapon" for purposes of the prosecution of certain offenses.
- Rewording.
- HB 1351, by Uresti
Categories: Miscellaneous. Status: Filed 03/03/03, in HCMTE Criminal Jurisprudence.- Relating to the punishment for certain conduct involving prohibited weapons.
- Lowers possession of knuckles to a Class B misdemeanor.
- HB 1484, by Burnam
Categories: Juveniles. Status: Filed 03/05/03, in HCMTE Criminal Jurisprudence.- Relating to the unlawful transfer of certain weapons.
- Repeals the section that makes it legal to transfer firearms to anyone under 18 with parent's permission. This would make it illegal to sell, rent, lease, or give any young person a firearm.
- HB 1546, by Raymond
Categories: Possession and Sale. Status: Filed 03/06/03, in HCMTE Criminal Jurisprudence.- Relating to banning pellet and BB guns from certain public places; providing criminal penalties.
- Makes it illegal to take a pellet gun or BB gun in the six locations firearms, illegal knives, and clubs are banned.
- HB 1663, by Castro
Categories: Miscellaneous. Status: Filed 03/04/03, Passed.- Relating to the disposition of seized weapons.
- Weapons not returned to their owners are presently destroyed or turned over to law enforcement. This bill allows a magistrate to give the weapon to a county forensic lab.
- HB 2017, by Kuempel
Categories: Ranges. Status: Filed 03/17/03, in HCMTE County Affairs. Left pending in committee.- Relating to the authority of counties to enact noise regulations; providing a criminal penalty.
- Presently contains an exemption for discharging a firearm at a range or on private property.
- HB 2018, by Kuempel
Categories: Ranges. Status: Filed 03/17/03, HCMTE Criminal Jurisprudence.- Relating to the presumption that a noise is unreasonable for purposes of establishing the commission of the offense of disorderly conduct.
- Presently contains an exemption for discharging a firearm at a range or on private property.
- HB 2086, by Talton
Categories: Concealed Carry. Status: Filed 03/17/03, HCMTE Law Enforcement. Sent to Calendars.- 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.
- Keeps LCRA from prohibiting concealed carry.
- HB 2263, by Burnam
Categories: Juveniles. Status: Filed 03/18/03, HCMTE Criminal Jurisprudence.- Relating to the prosecution of the offense of unlawful transfer of certain weapons.
- Further restricts the transfer of rifles and shotguns to persons under the age of 18, and prohibits the transfer of handguns.
- HB 2287, by Alonzo
Categories: Crime. Status: Filed 03/18/03, HCMTE: Corrections. Sent to Calendars.- Relating to community supervision granted to certain defendants using or exhibiting a deadly weapon in connection with a criminal offense.
- Requires the incarceration of most felons who use or exhibit deadly weapons, for 60 to 120 days.
- HB 2462, by Hope
Categories: Possession. Status: Filed 03/18/03, HCMTE: Criminal Jurisprudence.- Relating to the unlawful possession of a firearm by certain convicted felons; providing criminal penalties.
- Further restricts possession of firearms by felons committing certain offenses. Federal law already prohibits all felons from possessing firearms.
- HB 2619, by Ellis
Categories: Concealed Carry. Status: Filed 03/13/03. In HCMTE Law Enforcement, sent to Calendars.- Relating to the amount of the application and license fee for a license to carry a concealed handgun.
- Drops the initial license fee from $140 to $110.
- HB 2965, by Casteel
Categories: Hunting. Status: Filed 03/14/03.- Relating to the use of state land for public hunting.
- Requires every state agency owning land to evaluate it for hunting, and encourages the provision of hunting.
- HB 3003, by Swinford
Categories: Hunting. Status: Filed 03/14/03. In HCMTE Government Reform. Left pending in committee.- Relating to the management, use, and information about state facilities, real property, and other property.
- Among other things, requires state agencies owning land to evaluate it for hunting, and encourages the provision of hunting.
- HB 3058, by Allen
Categories: Hunting. Status: Filed 03/14/03. In HCMTE Government Reform. No action taken in committee.- Relating to requiring state agencies to lease excess land for hunting, fishing, or agricultural purposes.
- Requires state agencies to lease any excess land that the state agency owns for hunting, fishing, or agricultural purposes.
- HB 3117, by Alonzo
Categories: Concealed Carry, Law Enforcement. Status: Filed 03/14/03. In HCMTE Law Enforcement.- Relating to concealed handgun notice requirements on certain premises.
- Requires that the 51% sign exempt peace officers.
- HB 3118, by Alonzo
Categories: Law Enforcement. Status: Filed 03/14/03. In HCMTE Law Enforcement.- Relating to the carrying of weapons by peace officers and by special investigators.
- More specifically allows out of state officers to carry, and adds special investigators.
- HB 3288, by Talton
Categories: Concealed Carry. Status: Filed 03/14/03. In HCMTE Law Enforcement.- Relating to eligibility for a license to carry a concealed handgun.
- Would allow someone convicted of an offense that used to be a felony, but isn't at the time of application, to qualify for a CHL.
- HB 131, by Burnam
Senate Bills
- SB 80, by Zaffirini
Categories: Crime. Status: Filed 11/12/02, In SCMTE Intergovernmental Relations.- Relating to the punishment for the offense of reckless discharge of a firearm in certain municipalities.
- Raises the penalty for recklessly discharging a firearm in a city of 100,000 or more from a Class A Misdemeanor to a State Jail Felony.
- SB 885, by Van de Putte
Categories: Law Enforcement. Status: Filed 03/05/03, In SCMTE Criminal Justice.- Relating to the carrying of weapons by peace officers and by special investigators.
- Expands the authority to carry of peace officers from other states and special investigators.
- SB 989, by Armbrister
Categories: Hunting. Status: Filed 03/13/03, SCMTE: Natural Resources. Committee report distributed.- Relating to the inspection of wildlife resources and devices used to catch or hunt wildlife resources; providing a criminal penalty.
- Expands a Game Warden's search authority. See HB 1529.
- SB 1406, by Estes
Categories: Concealed Carry. Status: Filed 03/13/03, In SCMTE Criminal Justice. Scheduled for public hearing.- Relating to the issuance of concealed handgun licenses to residents of certain other states and to reciprocity agreements with other states concerning concealed handgun licenses.
- Provides that an out of state license remains valid and can be renewed if the other state passes a CHL law, until the other state's CHL is recognized in Texas. Also requires the Governor to issue a proclamation that Texas will recognize the CHL of any state where applicants have to pass the NICS, and requires TDPS to annually report to the governor which other states qualify. See HB 3477.
- SB 1801, by Gallegos
Categories: Ranges. Status: Filed 03/14/03. In SCMTE Intergovernmental Relations.- Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.
- Allows a county with a population over 3.3 million (Houston) to regulate noise levels. Presently contains an exemption for the discharge of a firearm at a shooting range. See HB 223.
- SB 1859, by Barrientos
Categories: Possession and Storage. Status: Filed 03/14/03. In SCMTE Criminal Justice.- Relating to the creation of an offense intended to increase firearm safety.
- Requires dealers to provide trigger locks or other such devices with each firearm transferred, including sales, rentals, leases, loans, and gifts.
- SB 885, by Van de Putte
Submitted Comments
- 2/9/03
- HB 243, Jack Griffith:
- Why do we have to be traveling to/from hunting or sporting event.
I keep a loaded rifle in my truck. Why should I have to take it out before going to a school to pick up/drop off my son?- Larry's response:
- Your point is valid, in that it would add a requirement to be going to or from a shooting activity.
Thanks for your comment.
- 1/9/03
- HB 220, Walter Lee:
- I am confused why Suzanna left PIs included as a recipient for information. LEOs are restricted by law as to what they can do with stuff they get from the state. It is still considered privileged even when out of the computer. I know of no restrictions of a PI. Are there penalties for a PI furnishing information to a newspaper that wanted to publish it?
- Larry's response:
- She filed a bill last session that would have simply eliminated the inquiry process. It failed to pass. I would suspect she filed this bill, leaving PI access, in an attempt to work around opposition she got to the last one.
Your newspaper scenario is certainly possible. However, no paper since 1996 has chosen to publish such a list. The process requires that the paper or PI submit any name they want an answer for. That means to publish a list of licensees in a town they would have to submit everyone's name. Then, everyone they submitted would be notified that they checked. I doubt any paper would want to go to that much trouble, or tick off that many people.
Thanks for your comment.
- 12/18/02
- HB 243, Douglas Williams:
- I do not understand why HB 243 is endorsed. This bill provides NO improvements to our existing rights. It opens the doors to be amended into something it should not be. It opens the doors to be mis-interpreted by law enforcement. Many officers do not fully understand the existing law.
I would appreciate your feedback on this issue.- Larry's comment:
- I thought a lot about this one, and I understand your points.
My reasoning is that Section 46.03 currently says "no firearms on school premises," then includes a definition of premises from section 46.035, then that definition excludes parking areas, etc. That's hard to follow unless you're very familiar with that section. This bill spells out the exemption. In addition, it lifts the requirement to get written permission or a written policy to teach firearm subjects on a school campus. What finally swayed me is that this bill at least legitimizes the presence of firearms for self-defense, sporting use, and training; as opposed to the "gun free" approach we've seen so often.
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.
- The archived 77th Legislature, 2001; and 76th Legislature, 1999.