Texas Legislation

According to Texas law the 81^st Legislature was in session 140 days, from Tuesday, January 13, 2009 to Monday, June 1. The last day to file regular bills was Friday, March 13.

Governor Perry had until June 21 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 website at http://www.governor.state.tx.us/.

This catalog of firearm related bills was updated July 7, 2009. Maintained by Larry Arnold, larnold@ktc.com.

Texas Legislation introduced in the 81^st Legislature

55 bills cataloged. 34 House Bills, 1 Joint Resolution, 20 Senate Bills, 5 Comments.

HB 968: Crossbow hunting, effective 9/1/2009.

HB 1020: Youth TPWD events, effective immediately.

HB 1805: Laser sights for disabled, effective immediately.

HB 2664: Improper 51% signs, effective 9/1/2009.

HB 3352: NICS mental health info, effective 9/1/2009.

HB 410: Recertification of instructors, added to the DPS bill, effective 9/1/2009.

HB 4456: Definition of switchblades, effective 9/1/2009.

SB 838/HB 410: Display of CHL, added to the DPS bill, effective 9/1/2009.

SB 1188/HB 267: Interstate purchase of firearms, effective immediately.

SB 1236: Warning on misdemeanor, effective 9/1/2009.

SB 1424: Redefinition of disqualifying crimes, added to the DPS bill, effective 9/1/2009.

SB 1742: Shooting in ETJ regulation, effective immediately.

SB 2225/HB 4336: Firearm smuggling, effective 9/1/2009.

• Licensees still have to display their CHL and drivers license for law enforcement, but the penalty of suspension was removed.
• Instructors will only have to go to Austin to renew their certification every four years. In the other legislative years they can renew on the Internet.
• There will be no more TR-100s and no more $5 charge per form. The language was stricken.
• All application materials will be available on the Internet.
• Delinquent school loans are no longer disqualifying for a CHL.
• Any conviction that was set aside, voided, or any manner invalidated will no longer be a "conviction" for CHL purposes.
• In order to be disqualifying for CHL purposes, a "conviction" must be classified as a felony both at the time it was committed and at the time of application for a CHL.

HB 140, by Gonzalez Toureilles
Categories: Concealed Carry.

Relating to the use or display under certain circumstances of an expired license to carry a concealed handgun.

For required display to law enforcement, a valid license includes an expired license if, before the expiration date of the license, the license holder submitted an application for renewal and has not received notice that the application for renewal was denied.

Status: Filed 11/10/08. 2/12/2009 Referred to Public Safety. 3/9/2009 Scheduled for public hearing. 3/26/2009 Reported favorably w/o amendment(s). 4/2/2009 Comte report filed with Committee Coordinator. 4/2/2009 Committee report printed and distributed. 4/3/2009 Committee report sent to Calendars. 5/1/2009 Placed on General State Calendar. 5/1/2009 Passed to engrossment. 5/4/2009 Senate Received from the House. 5/6/2009 Senate Referred to Criminal Justice. 5/21/2009 Senate Scheduled for public hearing. 5/22/2009 Senate Recommended for local & uncontested calendar. 5/22/2009 Senate Committee report printed and distributed. 5/27/2009 Senate Placed on local & uncontested calendar. 5/27/2009 Senate Removed from local & uncontested calendar.
 

HB 267, by Bonnen
Categories: Purchase.

Relating to the interstate purchase of certain firearms.

Companion to SB 1188. Texans can currently purchase long guns and accessories from contiguous states. This bill expands that to other states.

Status: Filed 11/17/08. 2/17/2009 Referred to Public Safety. 3/9/2009 Scheduled for public hearing. 3/18/2009 Reported favorably w/o amendment(s). 4/6/2009 Comte report filed with Committee Coordinator. 4/6/2009 Committee report printed and distributed. 4/7/2009 Committee report sent to Calendars. 5/8/2009 Placed on General State Calendar. 5/14/2009 Laid on the table subject to call.
 

HB 397, by Hartnett
Categories: Concealed carry.

Relating to the regulation of private process servers; providing penalties.

Provides for licensing of process servers. Prohibits servers from carrying a firearm, even if they have a CHL, while serving civil process unless they are a current or retired LEO.

Status: Filed 12/12/08. 2/17/09 Referred to Judiciary & Civil Jurisprudence. 4/22/2009 Scheduled for public hearing. 5/1/2009 Reported favorably as substituted. 5/6/2009 Comte report filed with Committee Coordinator. 5/7/2009 Comm. report sent to Local & Consent Calendar. 5/12/2009 Placed on Local, Consent, and Res. Calendar. 5/12/2009 Passed, 5/13/2009 Senate Received from the House. 5/14/2009 Senate Referred to Jurisprudence. 5/20/2009 Senate Scheduled for public hearing. 5/21/2009 Senate Recommended for local & uncontested calendar. 5/21/2009 Senate Committee report printed and distributed.
 

HB 410, by Isett. Included in the DPS bill.
Categories: Concealed Carry.

Relating to the requirement under certain circumstances that a license holder display their license to carry a concealed handgun.

Companion to SB 838. Removes the requirement to display your CHL for law enforcement. Running your driver's license gives them that info anyway. This bill failed to pass, but was added to the DPS appropriations bill. Licensees still have to display for law enforcement, but the penalty of suspension was removed.

Status: Filed 12/15/08. 2/18/2009 Referred to Public Safety. 3/9/2009 Scheduled for public hearing. 3/26/2009 Reported favorably w/o amendment(s). 4/3/2009 Comte report filed with Committee Coordinator. 4/3/2009 Committee report printed and distributed. 4/6/2009 Committee report sent to Calendars. 5/1/2009 Placed on General State Calendar. 5/1/2009 Passed to engrossment as amended. 5/5/2009 Senate Referred to Criminal Justice.
 

HB 736, by Quintanilla
Categories: Ranges.

Relating to authorizing county regulation of nuisances and disorderly conduct.

Allows counties broad regulation of nuisances, including "firing guns." No shooting range exemption.

Status: Filed 1/22/09. 2/19/09 Referred to County Affairs. 4/6/2009 Scheduled for public hearing. 4/15/2009 Reported favorably as substituted. 4/23/2009 Comte report filed with Committee Coordinator. 4/23/2009 Committee report printed and distributed. 4/24/2009 Committee report sent to Calendars.
 

HB 760, by McClendon
Categories: Ranges.

Relating to county regulation of sound levels; providing a criminal penalty.

Companion to SB 2345. Regulates noise levels in counties over a million population. Only applies between 10:00 PM and 6:00 AM. No shooting range exemption.

Status: Filed 1/23/09. 2/19/2009 Referred to County Affairs. 3/16/2009 Scheduled for public hearing. 4/27/2009 Reported favorably as substituted. 4/30/2009 Comte report filed with Committee Coordinator. 5/1/2009 Committee report printed and distributed. 5/1/2009 Committee report sent to Calendars.
 

HB 836, by Miller, Sid
Categories: Hunting.

Relating to sport hunting of feral hogs by helicopter.

Allows hunting of feral hogs from a helicopter, subject to TPWD rules.

Status: Filed 1/28/09. 2/23/2009 Referred to Culture, Recreation & Tourism. 3/17/2009 Scheduled for public hearing. 3/31/2009 Reported favorably as substituted. 4/6/2009 Comte report filed with Committee Coordinator. 4/6/2009 Committee report printed and distributed. 4/7/2009 Committee report sent to Calendars. 5/8/2009 Placed on General State Calendar. 5/14/2009 Postponed. 5/14/2009 Passed to engrossment as amended. 5/15/2009 Passed. 5/18/2009 Senate Received from the House. 5/19/2009 Senate Referred to Agriculture & Rural Affairs. 5/23/2009 Senate Posting rule suspended.
 

HB 968, by Homer. Passed, effective 9/1/2009.
Categories: Hunting.

Relating to the use of crossbows for hunting.

Slightly expands the use of crossbows while hunting deer, turkey, and javelina.

Status: Filed 2/2/09. 2/23/2009 Referred to Culture, Recreation & Tourism. 3/10/2009 Scheduled for public hearing. 3/17/2009 Reported favorably w/o amendment(s). 3/19/2009 Comte report filed with Committee Coordinator. 3/19/2009 Committee report printed and distributed. 3/20/2009 Committee report sent to Calendars. 3/25/2009 Placed on General State Calendar. 3/25/2009 Passed to engrossment. 3/26/2009 Passed. 3/30/2009 Senate Received from the House. 4/27/2009 Senate Referred to Agriculture & Rural Affairs. 5/4/2009 Senate Scheduled for public hearing. 5/7/2009 Senate Reported favorably as substituted. 5/7/2009 Senate Committee report printed and distributed. 5/8/2009 Senate Placed on intent calendar. 5/11/2009 Senate Passed. 5/11/2009 Senate passage as amended reported. 5/11/2009 Senate Amendments printed and distributed. 5/14/2009 Text of Senate Amendment(s). 5/18/2009 Reported enrolled. 5/18/2009 Signed in the House. 5/18/2009 Senate Signed in the Senate. 5/23/2009 Executive Signed by the Governor.
 

HB 1020, by Deshotel. Passed, effective immediately.
Categories: Youth.

Relating to the use, exhibition, or possession of a firearm by public school students participating in certain school-sponsored programs and activities sponsored or supported by the Parks and Wildlife Department.

Keeps students from being expelled if they have firearms at an off-campus shooting range during a TPWD sponsored event. Comment 1.

Status: Filed 2/03/09. 2/23/2009 Referred to Public Education. 3/31/2009 Scheduled for public hearing. 4/2/2009 Scheduled for formal meeting. 4/2/2009 Reported favorably w/o amendment(s). 4/6/2009 Comte report filed with Committee Coordinator. 4/6/2009 Committee report printed and distributed. 4/7/2009 Committee report sent to Calendars. 5/2/2009 Placed on General State Calendar. 5/2/2009 Passed to engrossment as amended. 5/4/2009 Passed .5/5/2009 Senate Received from the House. 5/6/2009 Senate Referred to Education. 5/14/2009 Senate Scheduled for public hearing. 5/15/2009 Senate Recommended for local & uncontested calendar. 5/15/2009 Senate Committee report printed and distributed. 5/19/2009 Senate Placed on intent calendar. 5/20/2009 Senate Passed. 5/20/2009 Senate passage reported. 5/23/2009 Reported enrolled. 5/25/2009 Senate Signed in the Senate. 6/19/2009 Executive Signed by the Governor.
 

HB 1164, by Martinez Fischer
Categories: Stun gun.

Relating to restrictions on the use of a stun gun; providing certain criminal penalties and defenses to prosecution.

Companion to SB 651. Adds stun guns to the list of prohibited weapons. Possession of a stun gun even on a person's own property would require the equivalent of a concealed handgun license. Instructors for the required training must be DPS law enforcement officers.

Status: Filed 2/10/09. 2/26/2009 Referred to Public Safety. 3/9/2009 Scheduled for public hearing.
 

HB 1301, by Frost
Categories: Concealed carry.

Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.

Companion to SB 730. Public or private employers would not be able to keep employees, who legally possess firearms or ammunition, from locking them up out of sight in their motor vehicles while the vehicle is in the employer's parking lot. Employers can prohibit firearms in a secure parking lot if they provide on-premises gun storage or alternative parking. Employers can still prohibit firearms on their premises, but only as "premises" are defined in PC 46.035 (f)(3). Except for cases involving gross negligence employers are shielded from civil suits for damages involving an employee's firearm or ammunition. Comment 5.

Status: Filed 2/16/09. 2/26/2009 Referred to Public Safety. 3/23/2009 Scheduled for public hearing.
 

HB 1395, by Farrar
Categories: Hunting.

Relating to the offenses of cruelty to livestock animals and cruelty to nonlivestock animals.

An animal cruelty bill that attacks hunters. Changes the status of hunting from an exception to a defense to prosecution, so hunters can be charged with animal cruelty and forced to defend themselves in court.

Status: Filed 2/18/09. 3/2/2009 Referred to Criminal Jurisprudence. 4/7/2009 Scheduled for public hearing.
 

HB 1498, by King, Tracy O.
Categories: Concealed carry.

Relating to the information required to be displayed on a license to carry a concealed handgun and the duty of a license holder to keep that information current.

Current law requires that if a CHL is a judge or prosecuting attorney that information will be displayed on the license. This bill adds that a qualified handgun instructor's status will also be displayed. As amended this bill would allow a federal or state judge or their spouse to list the courthouse address instead of their residence address on their driver's license. Comment 2, Comment 4.

Status: Filed 2/19/09. 3/2/2009 Referred to Public Safety. 3/9/2009 Scheduled for public hearing. 3/26/2009 Reported favorably w/o amendment(s). 4/14/2009 Comte report filed with Committee Coordinator. 4/15/2009 Committee report sent to Calendars. 5/1/2009 Placed on General State Calendar. 5/1/2009 Passed to engrossment. 5/1/2009 Passed as amended. 5/6/2009 Senate Referred to Criminal Justice.
 

HB 1500, by King, Tracy O.
Categories: Hunting.

Relating to certain exceptions to the prohibition on hunting from a public road or right-of-way.

Allows the capture, trapping, or hunting of a reptile, amphibian, or insect from a public road or right-of-way.

Status: Filed 2/19/09. 3/2/2009 Referred to Culture, Recreation & Tourism. 3/10/2009 Scheduled for public hearing. 3/24/2009 Reported favorably as substituted. 3/27/2009 Comte report filed with Committee Coordinator. 3/27/2009 Committee report printed and distributed. 3/30/2009 Comm. report sent to Local & Consent Calendar. 4/21/2009 Committee report sent to Calendars. 5/11/2009 Placed on General State Calendar.
 

HB 1507, by Bolton
Categories: Ranges.

Relating to authorizing certain populous counties to adopt noise regulations; providing criminal and civil penalties.

Noise regulation bill for counties over 800,000 population. No shooting range exemption.

Status: Filed 2/19/09. 3/2/2009 Referred to County Affairs. 4/6/2009 Scheduled for public hearing. 4/9/2009 Reported favorably as substituted. 4/20/2009 Comte report filed with Committee Coordinator. 4/21/2009 Committee report printed and distributed. 4/21/2009 Committee report sent to Calendars.
 

HB 1644, by Dukes
Categories: Possession.

Relating to admonishments given to a person charged with a misdemeanor.

Companion to SB 1236. Requires that persons charged with a family violence misdemeanor be advised of the possibility they may lose their right to possess a firearm upon conviction, before they enter a plea.

Status: Filed 2/23/09. 3/3/2009 Referred to Criminal Jurisprudence. 3/16/2009 Scheduled for public hearing. 3/25/2009 Reported favorably w/o amendment(s). 3/30/2009 Comte report filed with Committee Coordinator. 3/31/2009 Committee report printed and distributed. 3/31/2009 Committee report sent to Calendars. 5/8/2009 Placed on General State Calendar.
 

HB 1805, by Kuempel. Passed, effective immediately.
Categories: Hunting.

Relating to the use of laser sighting devices by hunters who have certain documented disabilities.

Allows hunters who have a letter from a physician that they are unable to use traditional sights to use a laser sight. They must be assisted by another hunter.

Status: Filed 2/25/09. 3/4/2009 Referred to Culture, Recreation & Tourism. 4/27/2009 Senate Referred to Agriculture & Rural Affairs. 5/4/2009 Senate Scheduled for public hearing. 5/7/2009 Senate Recommended for local & uncontested calendar. 5/7/2009 Senate Committee report printed and distributed. 5/12/2009 Senate Placed on intent calendar. 5/13/2009 Senate Passed. 5/13/2009 Senate passage reported. 5/18/2009 Reported enrolled. 5/18/2009 Signed in the House. 5/18/2009 Senate Signed in the Senate. 5/23/2009 Executive Signed by the Governor.
 

HB 1863, by Berman
Categories: Possession.

Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.

Firearms, ammunition, and accessories manufactured in Texas and remaining there would not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. Comment 3.

Status: Filed 2/26/09. 3/4/2009 Referred to Public Safety. 4/27/2009 Scheduled for public hearing. 5/1/2009 Reported favorably w/o amendment(s). 5/4/2009 Comte report filed with Committee Coordinator. 5/4/2009 Committee report printed and distributed. 5/5/2009 Committee report sent to Calendars.
 

HB 1893, by Driver
Categories: Concealed carry.

Relating to the carrying of concealed handguns on the campuses of institutions of higher education.

Companion to SB 1164. Allows licensed concealed carry on public and private* college and university campuses. Schools may regulate the storage of handguns in dormitories or other residential buildings that are school owned or operated and located on campus. *As amended: Private colleges and universities may, after consulting with students, faculty, and staff, prohibit concealed carry in buildings. Comment 5.

Status: Filed 2/26/09. 3/5/2009 Referred to Public Safety. 3/30/2009 Scheduled for public hearing. 4/8/2009 Reported favorably as substituted. 4/14/2009 Comte report filed with Committee Coordinator. 4/14/2009 Committee report printed and distributed. 4/15/2009 Committee report sent to Calendars. 5/2/2009 Corrected com rept filed w/ Comte Coordinator. 5/2/2009 Corrected comm. report printed & distributed. 5/4/2009 Corrected committee report sent to Calendars. 5/11/2009 Placed on General State Calendar.
 

HB 2664, by Ritter. Passed, effective 9/1/2009.
Categories: Concealed carry.

Relating to creating a defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses.

Companion to SB 729. Creates a defense to prosecution for a CHL entering a bar if the 51% sign isn't properly posted.

Status: Filed 3/6/09. 3/16/2009 Referred to Public Safety. 3/23/2009 Scheduled for public hearing. 3/26/2009 Reported favorably w/o amendment(s). 4/14/2009 Comte report filed with Committee Coordinator. 4/15/2009 Committee report sent to Calendars. 5/1/2009 Placed on General State Calendar. 5/1/2009 Passed to engrossment. 5/1/2009 Passed. 5/12/2009 Senate Referred to Administration. 5/21/2009 Senate Scheduled for public hearing. 5/22/2009 Senate Recommended for local & uncontested calendar. 5/22/2009 Senate Committee report printed and distributed. 5/27/2009 Senate Placed on local & uncontested calendar. 5/27/2009 Senate Passed. 5/27/2009 Senate passage reported. 5/28/2009 Reported enrolled. 5/28/2009 Signed in the House. 5/28/2009 Signed in the Senate. 6/19/2009 Executive Signed by the Governor.
 

HB 2953, by Coleman
Categories: Stun gun.

Relating to a prohibition against the use of a stun gun or taser by school district peace officers, security personnel, and other employees against elementary, middle, and junior high school students.

Prohibits school employees from using stun guns on students through high school.

Status: Filed 3/10/09. 3/17/2009 Referred to Public Safety. 4/20/2009 Scheduled for public hearing.
 

HB 3023, by Coleman | Turner, Sylvester
Categories: Law enforcement.

Relating to a temporary moratorium on the use of stun guns by law enforcement agencies and peace officers.

Prohibits law enforcement use or purchase of stun guns and tasers until 1/1/2011.

Status: Filed 3/10/09. 3/17/2009 Referred to Public Safety. 4/20/2009 Scheduled for public hearing.
 

HB 3352, by Naishtat. Passed, effective 9/1/2009.
Categories: Possession.

Relating to the collection, dissemination, and correction of certain judicial determinations for a federal firearm background check.

Companion to HB 1866. Provides for the reporting of relevant mental health information for firearm background checks.

Status: Filed 3/11/09. 3/18/2009 Referred to Public Safety. 4/15/2009 Scheduled for public hearing. 4/21/2009 Reported favorably as substituted. 4/24/2009 Comte report filed with Committee Coordinator. 4/24/2009 Committee report printed and distributed. 4/27/2009 Comm. report sent to Local & Consent Calendar. 4/30/2009 Placed on Local, Consent, and Res. Calendar. 4/30/2009 Passed. 5/1/2009 Senate Received from the House. 5/4/2009 Senate Referred to Criminal Justice. 5/12/2009 Senate Scheduled for public hearing. 5/13/2009 Senate Scheduled for public hearing. 5/15/2009 Senate Recommended for local & uncontested calendar. 5/15/2009 Senate Committee report printed and distributed. 5/18/2009 Senate Placed on intent calendar. 5/19/2009 Senate Not again placed on intent calendar. 5/26/2009 Senate Placed on local & uncontested calendar. 5/26/2009 Senate Passed. 5/27/2009 Senate passage as amended reported. 5/29/2009 Text of Senate Amendment(s). 5/30/2009 Reported enrolled. 5/30/2009 Signed in the House. 5/31/2009 Senate Signed in the Senate. 6/19/2009 Executive Signed by the Governor.
 

HB 3475, by Davis, John
Categories: Concealed carry.

Relating to the procedures for certain honorably retired peace officers to maintain a license to carry a concealed handgun.

Requires local law enforcement agencies to requalify retired officers living in their jurisdiction.

Status: Filed 3/11/09. 3/19/2009 Referred to Public Safety.
 

HB 3684, by Riddle
Categories: Concealed carry.

Relating to the carrying of a handgun by a disabled person.

Removes the requirement to conceal for a disabled CHL who cannot conceal.

Status: Filed 3/12/09. 3/19/2009 Referred to Public Safety.
 

HB 3766, by Paxton
Categories: Possession.

Relating to municipal regulation of the discharge of firearms and certain other weapons.

Companion to SB 1742. Expands authority of cities to regulate discharge of firearms outside city limits.

Status: Filed 3/12/09. 3/19/2009 Referred to Public Safety. 4/20/2009 Scheduled for public hearing.
 

HB 3777, by Flynn
Categories: Concealed carry.

Relating to a perpetual license to carry a concealed handgun.

Introduces the option of getting a CHL that doesn't need renewing. This CHL will not allow exemption of the NICS check for purchase of firearms.

Status: Filed 3/12/09. 3/23/2009 Referred to Public Safety. 4/15/2009 Scheduled for public hearing.
 

HB 3875, by Phillips. Added to the DPS appropriations bill.
Categories: Concealed carry.

Relating to certain renewals of a qualified handgun instructor certification.

Provides that every other instructor recertification could be done online. This bill failed to pass, but was added to the DPS appropriations bill. Instructors will only have to go to Austin to renew their certification every four years. In the other legislative years they can renew on the Internet.

Status: Filed 3/12/09. 3/23/2009 Referred to Public Safety. 4/15/2009 Scheduled for public hearing. 5/6/2009 Reported favorably w/o amendment(s). 5/7/2009 Comte report filed with Committee Coordinator. 5/8/2009 Comm. report sent to Local & Consent Calendar. 5/15/2009 Placed on Local, Consent, and Res. Calendar. 5/15/2009 Passed. 5/18/2009 Senate Received from the House. 5/19/2009 Senate Referred to Criminal Justice.
 

HB 3987, by Merritt
Categories: Concealed carry.

Relating to the administration of certain provisions affecting the licensing of persons to carry a concealed handgun.

Similar to SB 2449. This is a long bill (5000 words) making several changes in CHL administration. It clarifies that a resident of any state or any perminant legal resident is eligible. It allows additional DPS personnel to conduct background checks. It adds to the list of offenses that aren't eligible under the deferred adjudication process. It makes a person with certain mental problems ineligible until cleared by a physician, instead of after five years. A student in default on a school loan must totally repay it to be eligible.

Status: Filed 3/12/09. 3/23/2009 Referred to Public Safety. 4/15/2009 Scheduled for public hearing. 5/6/2009 Reported favorably as substituted. 5/11/2009 Comte report filed with Committee Coordinator. 5/12/2009 Committee report sent to Calendars.
 

HB 4037, by Merritt
Categories: Concealed carry.

Relating to the confidentiality of information related to certified handgun instructors.

Expands information Concealed Handgun Licensing Section can release on instructors, and directs CHLS to publicly publish a list of instructors.

Status: Filed 3/12/09. 3/23/2009 Referred to Public Safety. 4/15/2009 Scheduled for public hearing. 4/27/2009 Reported favorably w/o amendment(s). 5/1/2009 Comte report filed with Committee Coordinator. 5/1/2009 Committee report printed and distributed. 5/2/2009 Committee report sent to Calendars. 5/8/2009 Placed on General State Calendar. 5/8/2009 Passed to engrossment. 5/11/2009 Passed. 5/12/2009 Senate Received from the House. 5/13/2009 Senate Referred to Criminal Justice.
 

HB 4287, by Hunter
Categories: Possession.

Relating to the discharge of firearms in certain navigable rivers or streams.

Adds Kleburg and Nueces Counties to the area where shooting is restricted along streams.

Status: Filed 3/13/09. 3/24/2009 Referred to Culture, Recreation & Tourism. 4/21/2009 Scheduled for public hearing.
 

HB 4336, by Corte
Categories: Possession.

Relating to the civil and criminal consequences of engaging in certain conduct creating the offense of firearm smuggling; providing penalties.

Companion to SB 2225. Makes it a crime for anyone but a law enforcement officer to possess, transport, or transfer a firearm knowing the firearm was obtained illegally. Violation with one firearm is a Third Degree Felony, With three or more at the same time a Second Degree Felony. Punishment is raised one level for more than one violation. This is too broad, and isn't really smuggling.

Status: Filed 3/13/09. 3/24/2009 Referred to Criminal Jurisprudence. 4/1/2009 Scheduled for public hearing. 4/15/2009 Reported favorably w/o amendment(s). 4/27/2009 Comte report filed with Committee Coordinator. 4/27/2009 Committee report printed and distributed. 4/28/2009 Committee report sent to Calendars. 5/8/2009 Placed on General State Calendar. 5/12/2009 Laid on the table subject to call.
 

HB 4406, by Taylor. Added to the DPS appropriations bill.
Categories: Concealed carry.

Relating to the application process for a license to carry a concealed handgun.

Removes the preliminary application to receive an application process, and allows additional DPS personnel to conduct background checks. There will be no more TR-100s and no more $5 charge per form. All application materials will be available on the Internet.

Status: Filed 3/13/09. 3/25/2009 Referred to Public Safety. 4/15/2009 Scheduled for public hearing. 4/21/2009 Reported favorably w/o amendment(s). 4/23/2009 Comte report filed with Committee Coordinator. 4/23/2009 Committee report printed and distributed. 4/24/2009 Committee report sent to Calendars. 5/11/2009 Placed on General State Calendar.
 

HB 4456, by Driver. Passed, effective 9/1/2009
Categories: Possession.

Relating to the definition of a switchblade knife for purposes of the offense of prohibited weapons.

Similar to SB 2411. Limits the definition of switchblade knife.

Status: Filed 3/13/09. 3/25/2009 Referred to Criminal Jurisprudence. 4/8/2009 Scheduled for public hearing. 4/8/2009 Posting rule suspended. 4/17/2009 Scheduled for formal meeting. 4/21/2009 Reported favorably as substituted. 5/5/2009 Comte report filed with Committee Coordinator. 5/5/2009 Committee report printed and distributed. 5/6/2009 Comm. report sent to Local & Consent Calendar. 5/12/2009 Placed on Local, Consent, and Res. Calendar. 5/12/2009 Passed. 5/13/2009 Senate Received from the House. 5/14/2009 Senate Referred to Criminal Justice. 5/21/2009 Senate Recommended for local & uncontested calendar. 5/21/2009 Senate Committee report printed and distributed. 5/27/2009 Senate Placed on local & uncontested calendar. 5/27/2009 Senate Passed. 5/27/2009 Senate passage as amended reported. 5/27/2009 Senate Amendments printed and distributed. 5/29/2009 Text of Senate Amendment(s). 5/31/2009 Reported enrolled. 6/1/2009 Signed in the House. 6/3/2009 Senate Signed in the Senate. 6/19/2009 Executive Signed by the Governor.
 

HJR 20, by Anderson
Categories: Hunting.

Proposing a constitutional amendment relating to the right to hunt and fish.

Proposes adding a right to hunt and fish to the Texas Bill of Rights. The Constitutional amendment would have to be voted on by the people.

Status: Filed 11/10/08. 3/2/2009 Referred to Culture, Recreation & Tourism. 3/17/2009 Scheduled for public hearing.
 

SB 94, by Van de Putte
Categories: Stun gun.

Relating to restrictions on the use of a stun gun; providing certain criminal penalties and defenses to prosecution for persons who obtain a stun gun license.

Adds stun guns to the list of prohibited weapons. Possession of a stun gun even on a person's own property would require the equivalent of a concealed handgun license.

Status: Filed 11/10/08. 2/10/2009 Referred to Criminal Justice.
 

SB 330, by Carona
Categories: Possession and Sale.

Relating to the punishment for unlawful carrying of weapons.

Unlawful carrying is presently a Class A Misdemeanor. This bill raises the punishment to a State Jail Felony for those previously convicted of organized crime.

Status: Filed 12/01/08. 2/11/2009 Referred to Transportation & Homeland Sec.
 

SB 651, by Van de Putte
Categories: Stun guns.

Relating to restrictions on the use of a stun gun; providing certain criminal penalties and defenses to prosecution.

Companion to HB 1164. Adds stun guns to the list of prohibited weapons. Possession of a stun gun even on a person's own property would require the equivalent of a concealed handgun license. Instructors for the required training must be DPS law enforcement officers.

Status: Filed 2/3/09. 2/23/2009 Referred to Criminal Justice.
 

SB 729, by Hegar
Categories: Concealed carry.

Relating to creating a defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses.

Companion to HB 2664. Creates a defense to prosecution for a CHL entering a bar if the 51% sign isn't properly posted.

Status: Filed 2/9/09. 2/25/2009 Referred to Criminal Justice. 3/24/2009 Scheduled for public hearing. 3/25/2009 Scheduled for public hearing. 3/26/2009 Recommended for local & uncontested calendar. 3/26/2009 Committee report printed and distributed. 4/9/2009 Placed on local & uncontested calendar. 4/9/2009 Reported engrossed. 4/9/2009 House Received from the Senate. 4/16/2009 House Referred to Public Safety. 5/6/2009 House Reported favorably w/o amendment(s). 5/11/2009 House Comte report filed with Committee Coordinator. 5/11/2009 House Committee report printed and distributed. 5/11/2009 House Committee report sent to Calendars. 5/23/2009 House Placed on General State Calendar.
 

SB 730, by Hegar
Categories: Concealed carry.

Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.

Companion to HB 1301. Public or private employers would not be able to keep employees, who legally possess firearms or ammunition, from locking them up out of sight in their motor vehicles while the vehicle is in the employer's parking lot. Employers can prohibit firearms in a secure parking lot if they provide on-premises gun storage or alternative parking. Employers can still prohibit firearms on their premises, but only as "premises" are defined in PC 46.035 (f)(3). Except for cases involving gross negligence employers are shielded from civil suits for damages involving an employee's firearm or ammunition.

Status: Filed 2/9/09. 2/25/2009 Referred to Criminal Justice. 3/17/2009 Scheduled for public hearing. 3/18/2009 Scheduled for public hearing. 3/23/2009 Reported favorably as substituted. 3/23/2009 Committee report printed and distributed. 3/24/2009 Placed on intent calendar. 3/25/2009 Reported engrossed. 3/26/2009 House Received from the Senate. 3/31/2009 House Referred to Public Safety. 4/27/2009 House Scheduled for public hearing. 4/27/2009 Reported favorably as substituted. 5/5/2009 House Comte report filed with Committee Coordinator. 5/5/2009 House Committee report printed and distributed. 5/6/2009 House Committee report sent to Calendars. 5/23/2009 House Placed on General State Calendar.
 

SB 838, by Hinojosa. Included in the DPS bill.
Categories: Concealed carry.

Relating to the requirement under certain circumstances that a license holder display their license to carry a concealed handgun.

Companion to HB 410. Removes the requirement to display your CHL for law enforcement. Running your driver's license gives them that info anyway. This bill failed to pass, but was added to the DPS appropriations bill. Licensees still have to display for law enforcement, but the penalty of suspension was removed.

Status: Filed 2/13/09. 3/4/2009 Referred to Criminal Justice. 3/24/2009 Scheduled for public hearing.
 

SB 916, by Harris
Categories: Law enforcement.

Relating to exempting certain judicial officers from certain requirements for obtaining or renewing a concealed handgun license and to the authority of certain judicial officers to carry certain weapons.

Adds Family Code associate judges to the list of judicial officers who can carry in courtrooms, etc. Enables a bailiff escorting a judge to carry in courtrooms, etc. I don't see any changes in obtaining or renewing licenses.

Status: Filed 2/17/09. 3/9/2009 Referred to Criminal Justice.
 

SB 1164, by Wentworth | Deuell | Eltife | Estes | Fraser | Harris | Hegar | Hinojosa | Lucio | Patrick, Dan | Williams
Categories: Concealed carry.

Relating to the carrying of concealed handguns on the campuses of institutions of higher education.

Companion to HB 1893. Allows licensed concealed carry on public and private college and university campuses. Schools may regulate the storage of handguns in dormitories or other residential buildings that are school owned or operated and located on campus.

Status: Filed 2/26/09. 3/13/2009 Referred to State Affairs. 4/27/2009 Scheduled for public hearing. 5/14/2009 Reported favorably as substituted. 5/14/2009 Committee report printed and distributed. 5/18/2009 Placed on intent calendar. 5/19/2009 Passed to engrossment as amended. 5/20/2009 Reported engrossed. 5/20/2009 House Received from the Senate. 5/21/2009 House Referred to Public Safety. 5/22/2009 House Reported favorably w/o amendment(s). 5/22/2009 House Comte report filed with Committee Coordinator. 5/23/2009 House Committee report printed and distributed. 5/23/2009 House Committee report sent to Calendars.
 

SB 1188, by Estes. Passed, effective immediately.
Categories: Possession.

Relating to the interstate purchase of certain firearms.

Companion to HB 267. Texans can currently purchase long guns and accessories from contiguous states. This bill expands that to other states.

Status: Filed 2/26/09. 3/13/2009 Referred to Criminal Justice. 4/14/2009 Scheduled for public hearing. 4/16/2009 Scheduled for public hearing. 4/20/2009 Committee report printed and distributed. 4/22/2009 Placed on intent calendar. 4/23/2009 Reported engrossed. 4/24/2009 House Received from the Senate. 5/1/2009 House Referred to Public Safety. 5/6/2009 House Reported favorably w/o amendment(s). 5/11/2009 House Comte report filed with Committee Coordinator. 5/11/2009 House Committee report sent to Calendars. 5/14/2009 House Passed to 3rd reading. 5/18/2009 House Passed. 5/19/2009 House passage reported. 5/19/2009 Reported enrolled. 5/20/2009 Signed in the Senate. 5/20/2009 House Signed in the House. 5/30/2009 Executive Signed by the Governor.
 

SB 1236, by Seliger. Passed, effective 9/1/2009.
Categories: Possession.

Relating to admonishments given to a person charged with a misdemeanor.

Companion to HB 1644. Requires that persons charged with a family violence misdemeanor be advised of the possibility they may lose their right to possess a firearm upon conviction, before they enter a plea.

Status: Filed 3/2/09. 3/17/2009 Referred to Criminal Justice. 4/14/2009 Scheduled for public hearing. 4/16/2009 Scheduled for public hearing. 4/20/2009 Recommended for local & uncontested calendar. 4/21/2009 Committee report printed and distributed. 4/27/2009 Placed on intent calendar. 4/30/2009 Placed on local & uncontested calendar. 4/30/2009 Reported engrossed. 4/30/2009 House Received from the Senate. 5/4/2009 House Referred to Criminal Jurisprudence. 5/8/2009 House Reported favorably w/o amendment(s). 5/11/2009 House Comte report filed with Committee Coordinator. 5/12/2009 House Committee report sent to Calendars. 5/19/2009 House Placed on General State Calendar. 5/19/2009 House Passed to 3rd reading. 5/20/2009 House Passed. 5/21/2009 House passage reported. 5/21/2009 Reported enrolled. 5/22/2009 Signed in the Senate. 5/22/2009 House Signed in the House. 6/19/2009 Executive Signed by the Governor.
 

SB 1424, by Seliger. Portions added to the DPS appropriations bill.
Categories: Concealed carry, Possession.

Relating to a person's eligibility to possess or carry a concealed handgun or other firearm.

Makes it slightly easier for a person with an old conviction or a conviction in another state, that isn't a conviction in Texas, to possess firearms or qualify for a CHL. Any conviction that was set aside, voided, or any manner invalidated will no longer be a "conviction" for CHL purposes. In order to be disqualifying for CHL purposes, a "conviction" must be classified as a felony both at the time it was committed and at the time of application for a CHL.

Status: Filed 3/6/09. 3/17/2009 Referred to Criminal Justice. 4/7/2009 Scheduled for public hearing. 4/14/2009 Recommended for local & uncontested calendar. 4/14/2009 Committee report printed and distributed. 4/17/2009 Placed on intent calendar. 4/20/2009 Not again placed on intent calendar. 4/21/2009 Placed on intent calendar. 4/21/2009 Reported engrossed. 4/22/2009 House Received from the Senate. 4/28/2009 House Referred to Public Safety. 5/4/2009 House Scheduled for public hearing. 5/19/2009 House Reported favorably as substituted. 5/21/2009 House Comte report filed with Committee Coordinator. 5/22/2009 House Committee report sent to Calendars.
 

SB 1623, by Wentworth
Categories: Possession.

Relating to the collection and dissemination of certain information for a federal firearm background check.

Similar to SB 1866. Provides for the reporting of relevant mental health information for firearm background checks.

Status: Filed 3/10/09. 3/20/2009 Referred to Criminal Justice.
 

SB 1742, by Shapiro | Nelson. Passed, effective 9/1/2009.
Categories: Possession.

Relating to municipal regulation of the discharge of firearms and certain other weapons.

Companion to HB 3766. Expands authority of cities to regulate discharge of firearms outside city limits.

Status: Filed 3/11/09. 3/20/2009 Referred to Intergovernmental Relations. 4/1/2009 Scheduled for public hearing. 4/6/2009 Recommended for local & uncontested calendar. 4/6/2009 Committee report printed and distributed. 4/8/2009 Placed on intent calendar. 4/14/2009 Not again placed on intent calendar. 4/16/2009 Placed on local & uncontested calendar. 4/16/2009 Reported engrossed. 4/16/2009 House Received from the Senate. 4/21/2009 Referred to Public Safety. 5/21/2009 House Reported favorably as substituted. 5/22/2009 House Comte report filed with Committee Coordinator. 5/23/2009 House Comm. report sent to Local & Consent Calendar. 5/27/2009 House Placed on Local, Consent, and Res. Calendar. 5/27/2009 House Passed to 3rd reading. 5/27/2009 House Passed. 5/28/2009 House passage as amended reported. 5/29/2009 Senate appoints conferees. 5/30/2009 Conference committee report filed. 5/30/2009 House Conf. Comm. Report printed and distributed. 5/31/2009 House adopts conference committee report. 6/1/2009 Senate adopts conference committee report. 6/1/2009 Reported enrolled. 6/2/2009 Signed in the Senate. 6/3/2009 House Signed in the House. 6/19/2009 Executive Signed by the Governor.
 

SB 1788, by Wentworth
Categories: Possession.

Relating to an exemption from the sales tax on handguns, rifles, shotguns, and ammunition.

Exempts guns and ammo from sales tax during the annual sales tax holiday.

Status: Filed 3/11/09. 3/20/2009 Referred to Finance.
 

SB 1866, by Ellis
Categories: Possession.

Relating to the collection, dissemination, and correction of certain judicial determinations for a federal firearm background check.

Companion to HB 3352. Provides for the reporting of relevant mental health information for firearm background checks.

Status: Filed 3/11/09. 3/24/2009 Referred to Criminal Justice.
 

SB 1893, by Gallegos
Categories: Ranges.

Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.

Allows counties with more than 3.3 million to enact noise regulations. No shooting range exemption.

Status: Filed 3/11/09. 3/24/2009 Referred to Intergovernmental Relations.
 

SB 2225, by Carona. Passed, effective 9/1/2009.
Categories: Possession.

Relating to the civil and criminal consequences of engaging in certain conduct involving the possession of transfer of a firearm and to creating the offense of firearm smuggling; providing penalties.

Companion to HB 4336. Makes it a crime for anyone but a law enforcement officer to possess, transport, or transfer a firearm knowing the firearm was obtained illegally. Violation with one firearm is a Third Degree Felony, With three or more at the same time a Second Degree Felony. Punishment is raised one level for more than one violation. This is too broad, and isn't really smuggling.

Status: Filed 3/13/09. 4/6/2009 Referred to Transportation & Homeland Sec. 4/8/2009 Scheduled for public hearing. 4/15/2009 Recommended for local & uncontested calendar. 4/15/2009 Committee report printed and distributed. 4/22/2009 Placed on intent calendar. 4/23/2009 Reported engrossed. 4/24/2009 House Received from the Senate. 5/1/2009 House Referred to Criminal Jurisprudence. 5/6/2009 House Posting rule suspended. 5/7/2009 House Reported favorably w/o amendment(s). 5/8/2009 House Comte report filed with Committee Coordinator. 5/8/2009 House Committee report printed and distributed. 5/11/2009 House Committee report sent to Calendars. 5/12/2009 House Passed to 3rd reading. 5/13/2009 House Passed. 5/14/2009 House passage reported. 5/14/2009 Reported enrolled. 5/15/2009 Signed in the Senate. 5/15/2009 House Signed in the House. 5/23/2009 Executive Signed by the Governor.
 

SB 2345, by Uresti
Categories: Ranges.

Relating to county regulation of sound levels; providing a criminal penalty.

Companion to HB 760. Regulates noise levels in counties over a million population. Only applies between 10:00 PM and 6:00 AM. No shooting range exemption.

Status: Filed 3/13/09. 3/31/2009 Referred to Intergovernmental Relations.
 

SB 2411, by Deuell
Categories: Possession.

Relating to the definition of a switchblade knife for purposes of the offense of prohibited weapons.

Similar to HB 4456. Limits the definition of switchblade knife.

Status: Filed 3/13/09. 3/31/2009 Referred to Criminal Justice. 4/28/2009 Scheduled for public hearing. 5/19/2009 Scheduled for public hearing.
 

SB 2449, by Wentworth
Categories: Concealed carry.

Relating to the administration of certain provisions affecting the licensing of persons to carry a concealed handgun.

Similar to HB 3987. This is a long bill (5000 words) making several changes in CHL administration. It clarifies that a resident of any state or any perminant legal resident is eligible. It allows additional DPS personnel to conduct background checks. It adds to the list of offenses that aren't eligible under the deferred adjudication process. It makes a person with certain mental problems ineligible until cleared by a physician, instead of after five years. A student in default on a school loan must totally repay it to be eligible.

Status: Filed 3/17/09.
 

Comment 1, 2/22/09, Walter Lee

HB 1020

This is fine as far as it goes, but the section should include 4H, scouting, and other organized training or competitions with state, national and international recognition. TPW may or may not sanction all the various events. Furthermore, students should be protected from expulsion solely because of photographs posed with firearms (hunting, competition, etc) or for wearing clothing with firearms logos.

Larry's response:

I agree.
Thanks for your comment.
 

Comment 2, 2/22/09, Walter Lee

HB 1498

What is the purpose of this bill? It creates a liability for instructors, in that their CHLs may be suspended if they fail to do something in a timely fashion. The question is who needs to know that they are instructors and for what purpose? If someone is willing to propose that the privileges that are extended to the other folk on the list are extended to CHL instructors, then I’m all for it, but that’s not the case.

We mark our student’s sheets with PASS or FAIL because there is potential liability for passing at either a very high or very low level (of the passing range). Are instructors going to be held to a different standard in their exercise of CHL. If there is any advantage, the instructor or his/her attorney can document the status at a later time.

Apart from our role in the teaching and certification process, our CHLs are no different from anyone else's. Should they be?? I need some convincing.

Larry's response:

I agree.
Thanks for your comment.
 

Comment 3, 3/3/09, Walter Lee

HB 1863

[Section 2003.004(4)] describes one class of firearms “not covered” by the rule. To me, this seems to indicate a common shotgun. I think they were trying to describe an automatic weapon which would discharge projectiles from two or more cartridges or shells with one activation of the trigger or other firing device. I’d also think there needs to be some part of this definition that says that such a weapon shall continue to cycle as long as the trigger is held until all ammunition in the gun is expended, unless the gun is designed to fire two, three or more rounds with each pull of the trigger. This would cover fully automatic weapons and weapons designed for burst fire. This is to prevent a malfunctioning gun that chain fires and jambs from becoming a FFA’34 gun.

Larry's response:

This might be a concern. This definition for full auto is similar to those used elsewhere in Texas law. I have raised your concern with our legislative expert.
Thanks for your comment.
 

Comment 4, 3/22/09, Jack Griffith

HB 1498

I do not have strong feelings either way on this bill.

If their instructors status is suspended or revoked because they did not file paperwork timely, then DPS should issue them a standard CHL w/o the instructor’s status. I’d think CHL instructor status would give us some respectability/status w/LEO.

I think this would be pretty rare. I have not heard of anyone being disciplined for not submitting paperwork in a timely fashion.

In any event, it should be moot if HB 410 passes, removing the requirement that we provide LEO w/our license.

Larry's response:

What you say is true. OTOH, it's one more thing for everyone to keep track of and get in trouble over.
Thanks for your comment.
 

Comment 5, 3/22/09, Jack Griffith

HB 1301, HB 1893

That is a real good resource. I have shared it w/all my students.

I do not have strong feelings about many of the bills. I do support the Parking lot bill, the carry in colleges and oppose the stun gun license. Most of the rest, I could take or leave.

The parking lot issue is primary for me, even though it does not and is not likely to affect me or my loved ones. The college carry is important and more likely to impact me.

Larry's response:

Thanks for your comment.
 

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