2019 Bill Status Report

[Charles L. Cotton]

2019 Bill Status Report - Texas Legislature

A color coded version of this report with links is available at www.TexasFirearmsCoalition.com.

Updated: 12/20/2018

Senate Bills Tracked: 51, 104, 117, 123, 133, 157, 158, 193, 203, 204, 243, 244
House Bills Tracked: 24, 27, 38, 86, 95, 121, 131, 143, 172, 195, 227, 238, 257, 203, 209, 316, 336, 344, 349, 357, 404, 419, 449, 189, 497, 516, 544, 545

HOUSE BILLS:

HB 24: Romero, (D,??) “Relating to increasing criminal penalties for certain family violence offenses committed in the presence of a child.”
Impact:
Position on Bill: Neutral
Status: Filed 11/12/2018
Comments:

HB 27: (Canales, D,D) “Relating to increasing the criminal penalty for assault or aggravated assault of a federal law enforcement officer.”
Impact: Raises the offense to a higher category.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments: This bill is unnecessary as assault on a federal officer is covered by federal law.

HB 38: (Canales, D,D) “Relating to prohibiting the manufacture, assembly, or ownership of unmarked firearms; creating a criminal offense; authorizing a fee.”
Impact: Establishes a requirement for all homebuilt firearms to apply to DPS for a serial number. It creates a cumbersome and unnecessary process to be maintained by DPS and for which an unspecified fee can be charges. It also requires the DPS to publish statistics on serial numbers issued and arrest and conviction statistics for failure to comply.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments:

HB 86: (Martinez, “Mando”, D, C+) “Relating to prohibiting the reckless discharge of a firearm; creating a criminal offense
Impact: Creates an offense for discharging a firearm and 1) is reckless as to whether it is aimed at an intended target,; or 2) does not have an intended target.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments: This bill is essentially the same bill that was filed by Rep. Martinez last session as HB2583. The Bill is both unnecessary and grossly overbroad and ambiguous. Current laws address the reckless discharge of firearms.

HB 95: (Hinojosa, Gina D, F) “Relating to the criminal offense of acquisition or attempted acquisition of a firearm by a person prohibited from possessing a firearm.”
Impact: Creates an offense when a prohibited person purchases or attempts to purchase a firearm. The Bill also requires FFLs to report denials to DPS and requires DPS to investigate and refer the case for prosecution, if appropriate.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments: This is already an offense under federal law. The extra workload on DPS is unjustified.

HB 121: (Swanson, R,A) “Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.”
Impact: The Bill creates a defense to prosecution for violation of TPC §§30.06 or 30.07, if the defendant was told to leave the property and the defendant did so.
Position on Bill: Support.
Status: Filed 11/12/2018
Comments: Currently, an oral notification to leave impacts the level of offense (Class C v. Class A). This Bill would extend that concept to create a defense to prosecution if the Licensee complied with an instruction to leave the premises. It does not create a requirement for oral notification.

HB 131: (Moody, D,F) “Relating to extreme risk protective orders and the prosecution of the criminal offense of unlawful transfer of a firearm; creating a criminal offense.”
Impact: Creates a gun-confiscation order under the guise of a mental-health-related protective order.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments: This is a very complex and devious Bill that is designed to conceal it’s true danger. A TFC Podcast on the Bill will be created covering its deficiencies in detail.

HB 143: (Swanson, R,A) “Relating to authorizing the provision of temporary secure storage for weapons at certain public buildings; authorizing fee.”
Impact: Allows state agencies and political subdivisions to make temporary storage facilities available for people to store weapons while they are on property that is off-limits to such weapons.
Position on Bill: Neutral.
Status: Filed 11/12/2018
Comments: Since the language is permissive rather than mandatory, no state agency or political subdivision will go to the trouble and expense to install temporary storage. One provision in the Bill is troublesome and should be amended out, if the Bill moves through committee.

HB 172: (Bernal, D,F) “Relating to the notice given by a property owner prohibiting a handgun license holder from carrying a handgun on certain property.”
Impact: Guts TPC §§30.06 and 30.07 by reducing the required size of a sign giving notice to a mere 8.5”X11”.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments: This is the same terrible bill filed by Rep. Bernal last session.

HB 195: (Reynolds, Ron D,F) “Relating to the creation of certain criminal offenses concerning firearm sales at gun shows; authorizing a fee.”
Impact: Creates an offense for selling a firearm to a person at a “gun show” without doing a NICS check first. There is an exception when selling to a peace officer or LTC. The seller must maintain records of all sales. Violation is a Class A Misdemeanor.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments:

HB 227: (Krause, R,A) “Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.”
Impact: Purports to exempt all firearms manufactured in Texas from otherwise applicable federal laws.
Position on Bill: Neutral.
Status: Filed 11/12/2018
Comments: This is a Bill that makes a statement, but does not trump federal law.

HB 238: (Krause, R,A) “Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.”
Impact: Prohibits Texas agencies, political subdivisions and their employees form assisting in the enforcement of federal gun laws, unless those provisions are also in Texas law.
Position on Bill: Support.
Status: Filed 11/12/2018
Comments:

HB257: (Blanco D,D) “Relating to a policy requiring public and private primary and secondary schools and public junior colleges to provide local law enforcement agencies certain information regarding certain individuals authorized to carry a handgun on a campus.”
Impact: Requires all primary and secondary schools and junior colleges that appoint school marshals, or authorize other persons to carry a handgun for security purposes, to give a list of such persons to local law enforcement agencies.
Position on Bill: Neutral..
Status: Filed 11/12/2018
Comments:

HB302: (Paul, Dennis R,A) “Relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.”
Impact: Preserves the right to lawfully possess firearms and ammunition in condominium units and other residential and commercial rental property.
Position on Bill: Support.
Status: Filed 11/12/2018
Comments:

HB316: (Howard, Donna D,F) “Relating to a public awareness campaign on firearm safety and suicide prevention.”
Impact: Requires DPS to engage in a sham guised as “firearms safety” that includes anti-gun propaganda spewed by various anti-gun people and organizations.
Position on Bill: Oppose.
Status: Filed 11/13/2018
Comments:

H336: (Dutton D,F) “Relating to abolishing the death penalty.”
Impact:
Position on Bill: Oppose.
Status: Filed 11/13/2018
Comments:

HB344: (Dutton, D,F) “Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.”
Impact: Increases the age at which a juvenile is considered to be an adult for criminal law purposes. (17 yoa to 18 yoa.)
Position on Bill: Oppose.
Status: Filed 11/13/2018
Comments: With the increase in violent crimes committed by teens, the law should be reducing the age, not increasing it.

HB 349: (Blanco, D,D) “Relating to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain parts designed to increase the rate of fire of a semiautomatic rifle.”
Impact: Creates a vague and ambiguous offense for having a “part or parts” that increase the rate of fire of a semi-automatic rifle.
Position on Bill: Oppose.
Status: Filed 11/14/2018
Comments: This Bill will be fraudulently pitched as a “bump stock” bill, but that is not the case. This Bill is so vague as to make it impossible to determine precisely what part or parts are prohibited. Also, the offense would apply even if such parts were not installed in a semi-auto rifle. Any bill this vague and ambiguous must have been so designed. If “bump stocks” were truly the target, then it would have been easy to draft a narrow bill that would have addressed only such stocks.

HB 404: (Thompson, Senfronia, D, C-) “Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.”
Impact: [Extensive civil forfeiture provisions that will require significant analysis.]
Position on Bill: Oppose.
Status: Filed 11/26/2018
Comments:

HB 419: (Geren, R, A) “Relating to the removal of a fee for the issuance of an original, duplicate, modified, or renewed license to carry a handgun.”
Impact: Removes the fee for obtaining, renewing or modifying a License to Carry a Handgun, or a Capitol Pass.
Position on Bill: Support
Status: Filed 11/29/2018
Comments:

HB 489: (Springer, R, A+) “Relating to the use of certain weapons in or on the beds or banks of certain rivers and streams in particular counties.”
Impact: Adds Hall County to locations were certain weapons cannot be fired in a river or bank of a river.
Position on Bill: Neutral.
Status: Filed 12/7/2018
Comments:

HB 497: (VanDeaver, R,A) “Relating to the classroom instruction part of the handgun proficiency course taken to obtain a license to carry a handgun.”
Impact: Requires LTC instructors to discuss types of ammunition and its use in an LTC course.
Position on Bill: Support.
Status: Filed 12/10/2018
Comments: It is believed that the goal of this bill is to teach LTC students the benefits of using certain type of ammunition for self-defense and as opposed to other types of ammunition commonly use for practice.

HB 516: (Springer, R, A+) “Relating to the liability of a person who allows handguns to be carried on property owned, leased, or managed by the person.”
Impact: Grants civil immunity to property owners that do not prohibit the carrying of handguns by LTCs on their property.
Position on Bill: Support.
Status: Filed 12/12/2018.
Comments:

HB 544: (Nevarez, D, F) “Relating to the unlawful possession of a firearm by persons who are subject to certain judicial determinations; creating a criminal offense.”
Impact:
Position on Bill: Oppose..
Status: 12/18/2018
Comments: This Bill would create an offense for people with a mental disorder sufficient to require in-patient treatment, the appointment of a guardian, found “not guilty” by reason of insanity, etc. In short, they would not be mentally culpable.

HB545: (Nevarez) “Relating to the prosecution of the offense of unlawful transfer of a firearm.”
Impact: Creates an offense for anyone providing a firearm to persons who have been judicially order to receive in-patient mental health treatment, who have had a guardian appointed, etc.
Position on Bill: Oppose.


SENATE BILLS:

SB 61: (Zaffirini D, D) “Relating to a sales and use tax exemption for firearm safety devices and educational material.”
Impact: Exempts from sales tax "gun cases, gun safes, firearm safety locks, trigger locks, firearms safety training manuals or electronic publications, and other items designed to ensure the safe handling or storage of a firearm.”
Position on Bill: Support.
Status: Filed 11/12/2018
Comments:
SB 104: (Menedez D,) “Relating to requirements to vote, including presenting proof of identification.”
Impact: Removes LTC from the types of identification sufficient for voting purposes.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Comments: The primary goal of this Bill is to make it easier to commit voter fraud. Removing LTCs as a proper form of voter identification is not germane to this goal, therefore it must be included simply as an attack on Licensees.
SB 117: (Creighton R,A) “Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.”
Impact: Clarifies that school sponsored activities are off-limits to LTCs only if those events occur on school property.
Position on Bill: Support.
Status: Filed 11/12/2018
Comments: This Bill does not change current law. It is a clarification that is needed to respond to dishonest officials who claim that the law extends to property other than school property, i.e. everywhere in the State of Texas. This Bill will be discussed in detail in a TFC Podcast.
SB 123: (West, Royce D,F) “Relating to the offense of possessing a weapon in a secured area of an airport.”
Impact: Expands the definition of “secured area of airports” to include the aircraft ramp area so long as it is not used by general aviation. Also changes current defenses to prosecution to exceptions.
Position on Bill: Oppose as written, but will support if amended.
Status: Filed 11/12/2018
Comments: This goal of this Bill is desirable as it closes a gap that exists in current law. While the terminal building past the metal detectors are currently off-limits to all firearms, the ramp area where planes park at the gate is not off-limits. The problematic language in the Bill comes in two places. First, it removes the language that requires inspection of people and property as an element of a “secured area of an airport.” It simply requires controlled access. This is dangerous as any airport could make overall access changes that would render the entire terminal off-limits. The second problem is language that exempts people who were “authorized by a federal agency to possess a firearm in a secured area.” This language was required since airline pilots who are certified Flight Deck Officers carry handguns on the ramp when doing their pre-flight check. However, the exception should not be limited to federal officer; it should apply to anyone who is authorized by a Texas or federal agency to carry firearms in the secured area.
SB 133: (Hinojona D,D) “Relating to designating May 18 as School Shooting Victims Remembrance Day.”
Impact: Establishes May 18th as “School Shooting” day to remember and honor people killed in school shooting around the country.
Position on Bill: Oppose.
Status: 11/12/2018
Comments: This is a blatant anti-gun effort. Why is there no memorial day for law enforcement officers killed in the line of duty? Why is there no memorial day for the people who died in Hurricane Harvey or while trying to rescue people?
SB 157: (Rogriquez, Jose D,F)
“Relating to extreme risk protective orders and the prosecution of the criminal offense of unlawful transfer of a firearm; creating a criminal offense.”
Impact: Creates a gun-confiscation order under the guise of a mental-health-related protective order.
Position on Bill: Oppose.
Status: Filed 11/12/2018
Companion Bill: HB131
Comments: This is a very complex and devious Bill that is designed to conceal it’s true danger. A TFC Podcast on the Bill will be created covering its deficiencies in detail.
SB 158: (Rodriquez, Jose D,F) “Relating to increasing criminal penalties for the offense of making a firearm accessible to a child.”
Impact: Increases the penalty for violating TPC §46.13 from a Class A Misdemeanor to a State Jail Felony if anyone is seriously injured or killed by a child gaining access to a readily dischargeable firearm.
Position on Bill: Oppose this terrible and dangerous anti-gun Bill that puts kids at greater risk!.
Status: Filed 11/12/2018
Comments: This Bill will be discussed in detail in a TFC Podcast. While every responsible gun owner wants to reduce or eliminate accidental injuries or death by firearms, this Bill will be counterproductive. It also fails to create a exception for people who have received formal firearm safety training.
SB 193: (Perry, Charles R,A) “Relating to waiving the fee for the issuance of a duplicate, modified, or renewed license to carry a handgun for school marshals.”
Impact: Removes all LTC fees for people actively serving as a school marshal.
Position on Bill: Support.
Status: Filed 11/15/2018
Comments:
SB 203: (Huffman, R,A) “Relating to a sales and use tax exemption for firearm safety equipment.”
Impact: Exempts from sales tax "gun cases, gun safes, firearm safety locks, trigger locks.
Position on Bill: Support.
Status: Filed 11/16/2018
Comments: This Bill is very similar to Sen. Zaffirini’s SB61. SB61 covers more items.
SB 204: “Relating to increasing criminal penalties for the offense of making a firearm accessible to a child.”
Impact: Increases the penalty for violation of TPC §46.13 from a Class A Misdemeanor to a State Jail Felony.
Position on Bill: Oppose this terrible and dangerous anti-gun Bill that puts kids at greater risk!.
Companion Bill: HB 158 by F-Rated Rep. Rodriquez
Status: Filed 11/16/2018
Comments: This Bill will be discussed in detail in a TFC Podcast. While every responsible gun owner wants to reduce or eliminate accidental injuries or death by firearms, this Bill will be counterproductive. It also fails to create a exception for people who have received formal firearm safety training.
SB 243: (Creighton, R, A) “Relating to the carrying or storage of a handgun by a school marshal.”
Impact: Removes the ill-advised requirement that a school marshal not carry a handgun on their person, if they regularly interact with students.
Position on Bill: Support.
Status: Filed 12/14/2018
Comments:
SB 243: (Creighton, R, A) “Relating to the number of school marshals that may be appointed to serve on a public school campus or at a private school”
Impact: Removes the arbitrary limit on the number of school marshals that can be assigned to a campus.
Position on Bill: Support.
Status: Filed 12/14/2018
Comments:

[Charles L. Cotton]

Updated 11/17/2018 to add: SB203 (good), SB204 (terrible), both by Sen. Huffman.

[Charles L. Cotton]

Updated 11/28/2018. Added HB404

[Charles L. Cotton]

Updated 12/19/2018. Added House Bills 419, 489, 497, 516; Senate Bills 243, 244.

[Charles L. Cotton]

Updated 12/20/2018: Added House Bills 544 and 545.