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Firearms Legislation Filed as of February 7, 2013
HB 223 by Huberty, Relating to the carrying of concealed handguns by certain persons attending a school board meeting.
Explanation: Allows school board members and superintendents to carry at a school board meeting a concealed handgun they are licensed to carry.
HB 333 by Guillen, Relating to requiring notice of a hotel's firearms policy; providing a civil penalty.
Explanation: Requires hotels that prohibit or restrict the possession of firearms by their guests to post a notice on their reservations website stating their prohibitions or restrictions and require the guest to acknowledge that they read it. It also require them to provide a written statement of the policy on any written confirmation sent to the guest after a telephone reservation is made. A hotel may receive one warning for a violation of this policy and after the first violation the hotel will be liable for a $200 civil penalty for each subsequent violation. Civil penalties collected under this statute will be deposited in the Comptroller's general revenue fund.
HB 508 by Guillen, Relating to certain laws relating to carrying concealed handguns on property owned or leased by a governmental entity; creating an offense.
Explanation: Makes it a Class C Misdemeanor for a public employee to state to a concealed handgun license holder that he is not allowed to carry his weapon on a government premises when there is no legal basis for the prohibitio,.
HB 553 by Otto, Relating to firearms and the preservation of the Second Amendment to the United States Constitution; providing penalties.
Explanation: A person who is a Peace Officer, State Officer, or State Employee commits an offense if the person, while acting under color of the person 's office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any
firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore. A person who is a public servant commits an offense if the person, while acting under color of the person 's office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore. An offense is a Class A or B misdemeanor. Every portion of the act is severable so that if one portion of the act is found unconstitutional the entire act is not found unconstitutional.
HB 627 by Krause, Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.
Explanation: Makes a firearm, firearm accessory, or ammunition manufactured in this state that is not removed from this state exempt from federal regulations and federal laws. Makes a basic material that a firearm, firearm accessory, or ammunition is manufactured of to be considered not a firearm and exempt from any federal regulations or federal laws that attempt to treat it as if it is a firearm, firearm accessory, or ammunition. Exceptions are provided for artillery-style firearms, those that require more than one person to operate or discharge explosive projectiles that explode after the projecticle leaves the firearm. Requires firearms under this act to stamped with the phrase "Made in Texas."
HB 700 by Lavender, Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; providing penalties.
Explanation: This legislation allows for open carry or as it says "unconcealed" carry in Texas. Various sections of state law are amended adding the word "unconcealed" or the phrase "regardless of whether the handgun is carried in a concealed or unconcealed manner." It defines an unconcealed handgun as "a loaded or unloaded handgun carried upon the person in a shoulder or belt holster with at least dual points of resistance that is wholly or partially visible."
HB 706 by Capriglione, Relating to the carrying of concealed handguns on certain premises of or locations associated with schools or institutions of higher education.
Explanation: Bars public colleges and universities from prohibiting concealed handgun license holders from carrying their concealed handguns on campus. It does allow such colleges and universities to establish rules and regulations concerning the storage of handguns in dormitories.
HB 872 by Laubenberg, Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.
Explanation: Very similar to HB 627 by Krause.
HB 928 by Krause, Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Explanation: An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition that remains exclusively within the borders of this state if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.
HB 972 by Fletcher, Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.
Explanation: Similar to HB 706 except that it exempts hospitals, preschools, elementary schools, and secondary schools operated on institutions of higher education that give notice that concealed handguns are prohibited. It also includes liability protections to the institutes of higher education that must allow concealed carry by license holders on their campuses.
HB 1049 by Laubenberg, Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Explanation: Very similar to HB 928 except the federal regulation must have been created after January 1, 2013.
HB 1051 by Keffer, Relating to the application of certain concealed handgun license laws to United States attorneys and assistant United States attorneys and to the authority of those attorneys to carry certain weapons.
Explanation: It waives fees for U.S. attorneys and U.S. assistant attorneys who apply for a concealed handgun license. It makes their concealed handgun license identify them as a U.S. attorney or U.S. assistant attorney. It also allows U.S. attorneys and U.S. assistant attorneys with concealed handgun licenses to carry their concealed handguns at their place of work which might otherwise bar concealed carry.
HB 1076 by Toth, Relating to certain firearms, firearm accessories and firearm ammunition within the State of Texas; providing an exemption from federal regulation and providing penalties.
Explanation: TEXT UNAVAILABLE, Bill Filed on February 7
HB 1077 by Kleinschmidt, Relating to the transportation and storage of firearms and ammunition in private vehicles on the campuses of institutions of higher education.
Explanation: Prohibits public or private institutions of higher education from restricting the storage of lawfully possessed firearms that are in a locked container on vehicles parked on campus, including vehicles on a street or driveway on campus.
HB 383 by Burnam, Relating to the recognition and validity of a license to carry a concealed handgun issued by another state.
Explanation: Makes any out of state firearms permit invalid in Texas if the owner has a domicile in Texas.
HB 507 by Guillen, Relating to the discharge of a firearm across the property line of an educational facility; providing criminal penalties.
Explanation: Makes it an offense for a person while hunting or undertaking a recreational activity to discharge a firearm where the projectile crosses the property line of an educational facility. The offense is a Class C misdemeanor or Class A if students were at the facility.
HB 801 by Munoz, Jr., Relating to the discharge of a firearm across the property line of a school; providing criminal penalties.
Explanation: Very Similar to HB 507.
HB 1030 by Burnam, Relating to the authority of a political subdivision to prohibit the sale of firearms on public property in certain circumstances.
Explanation: Allows municipalities to prohibit the the sale of firearms on property owned or controlled by the municipality, other than the sale of firearms at a permanent retail store.
Firearms Legislation Filed as of February 7, 2013
HB 223 by Huberty, Relating to the carrying of concealed handguns by certain persons attending a school board meeting.
Explanation: Allows school board members and superintendents to carry at a school board meeting a concealed handgun they are licensed to carry.
HB 333 by Guillen, Relating to requiring notice of a hotel's firearms policy; providing a civil penalty.
Explanation: Requires hotels that prohibit or restrict the possession of firearms by their guests to post a notice on their reservations website stating their prohibitions or restrictions and require the guest to acknowledge that they read it. It also require them to provide a written statement of the policy on any written confirmation sent to the guest after a telephone reservation is made. A hotel may receive one warning for a violation of this policy and after the first violation the hotel will be liable for a $200 civil penalty for each subsequent violation. Civil penalties collected under this statute will be deposited in the Comptroller's general revenue fund.
HB 508 by Guillen, Relating to certain laws relating to carrying concealed handguns on property owned or leased by a governmental entity; creating an offense.
Explanation: Makes it a Class C Misdemeanor for a public employee to state to a concealed handgun license holder that he is not allowed to carry his weapon on a government premises when there is no legal basis for the prohibitio,.
HB 553 by Otto, Relating to firearms and the preservation of the Second Amendment to the United States Constitution; providing penalties.
Explanation: A person who is a Peace Officer, State Officer, or State Employee commits an offense if the person, while acting under color of the person 's office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any
firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore. A person who is a public servant commits an offense if the person, while acting under color of the person 's office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore. An offense is a Class A or B misdemeanor. Every portion of the act is severable so that if one portion of the act is found unconstitutional the entire act is not found unconstitutional.
HB 627 by Krause, Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.
Explanation: Makes a firearm, firearm accessory, or ammunition manufactured in this state that is not removed from this state exempt from federal regulations and federal laws. Makes a basic material that a firearm, firearm accessory, or ammunition is manufactured of to be considered not a firearm and exempt from any federal regulations or federal laws that attempt to treat it as if it is a firearm, firearm accessory, or ammunition. Exceptions are provided for artillery-style firearms, those that require more than one person to operate or discharge explosive projectiles that explode after the projecticle leaves the firearm. Requires firearms under this act to stamped with the phrase "Made in Texas."
HB 700 by Lavender, Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; providing penalties.
Explanation: This legislation allows for open carry or as it says "unconcealed" carry in Texas. Various sections of state law are amended adding the word "unconcealed" or the phrase "regardless of whether the handgun is carried in a concealed or unconcealed manner." It defines an unconcealed handgun as "a loaded or unloaded handgun carried upon the person in a shoulder or belt holster with at least dual points of resistance that is wholly or partially visible."
HB 706 by Capriglione, Relating to the carrying of concealed handguns on certain premises of or locations associated with schools or institutions of higher education.
Explanation: Bars public colleges and universities from prohibiting concealed handgun license holders from carrying their concealed handguns on campus. It does allow such colleges and universities to establish rules and regulations concerning the storage of handguns in dormitories.
HB 872 by Laubenberg, Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.
Explanation: Very similar to HB 627 by Krause.
HB 928 by Krause, Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Explanation: An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition that remains exclusively within the borders of this state if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.
HB 972 by Fletcher, Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.
Explanation: Similar to HB 706 except that it exempts hospitals, preschools, elementary schools, and secondary schools operated on institutions of higher education that give notice that concealed handguns are prohibited. It also includes liability protections to the institutes of higher education that must allow concealed carry by license holders on their campuses.
HB 1049 by Laubenberg, Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Explanation: Very similar to HB 928 except the federal regulation must have been created after January 1, 2013.
HB 1051 by Keffer, Relating to the application of certain concealed handgun license laws to United States attorneys and assistant United States attorneys and to the authority of those attorneys to carry certain weapons.
Explanation: It waives fees for U.S. attorneys and U.S. assistant attorneys who apply for a concealed handgun license. It makes their concealed handgun license identify them as a U.S. attorney or U.S. assistant attorney. It also allows U.S. attorneys and U.S. assistant attorneys with concealed handgun licenses to carry their concealed handguns at their place of work which might otherwise bar concealed carry.
HB 1076 by Toth, Relating to certain firearms, firearm accessories and firearm ammunition within the State of Texas; providing an exemption from federal regulation and providing penalties.
Explanation: TEXT UNAVAILABLE, Bill Filed on February 7
HB 1077 by Kleinschmidt, Relating to the transportation and storage of firearms and ammunition in private vehicles on the campuses of institutions of higher education.
Explanation: Prohibits public or private institutions of higher education from restricting the storage of lawfully possessed firearms that are in a locked container on vehicles parked on campus, including vehicles on a street or driveway on campus.
HB 383 by Burnam, Relating to the recognition and validity of a license to carry a concealed handgun issued by another state.
Explanation: Makes any out of state firearms permit invalid in Texas if the owner has a domicile in Texas.
HB 507 by Guillen, Relating to the discharge of a firearm across the property line of an educational facility; providing criminal penalties.
Explanation: Makes it an offense for a person while hunting or undertaking a recreational activity to discharge a firearm where the projectile crosses the property line of an educational facility. The offense is a Class C misdemeanor or Class A if students were at the facility.
HB 801 by Munoz, Jr., Relating to the discharge of a firearm across the property line of a school; providing criminal penalties.
Explanation: Very Similar to HB 507.
HB 1030 by Burnam, Relating to the authority of a political subdivision to prohibit the sale of firearms on public property in certain circumstances.
Explanation: Allows municipalities to prohibit the the sale of firearms on property owned or controlled by the municipality, other than the sale of firearms at a permanent retail store.
