Texas House Bill HB123

Texas 2017 - 85th 1st C.S.

Caption

Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.

Impact

The impact of HB 123 on Texas law revolves around the adjustment of legal defenses available to licensed handgun carriers. By establishing a clear defense mechanism for those who are notified of trespassing verbally, the bill seeks to protect responsible gun owners from prosecution under existing trespass laws. This is particularly significant in Texas, where the culture around gun ownership is strong, and many individuals hold licenses to carry firearms. As the law currently stands, individuals could potentially face criminal charges even when they depart from properties upon being notified, and this bill seeks to mitigate that risk.

Summary

House Bill 123 addresses legal provisions surrounding trespassing offenses by individuals who are licensed to carry handguns. The bill amends Sections 30.06 and 30.07 of the Texas Penal Code, introducing a defense to prosecution for certain licensed handgun holders. Specifically, if an individual carrying a handgun receives personal oral communication notifying them not to enter or remain on a property and they promptly exit the property, this legislation provides a legal defense against trespass charges. This amendment aims to clarify the legal standing of concealed carry license holders in Texas regarding property rights and trespass laws.

Contention

Notable points of contention surrounding the bill include discussions regarding the broader implications for property rights and safety. Proponents argue that the bill safeguards the rights of law-abiding gun owners and aligns with Texas's strong support for the Second Amendment. Conversely, critics express concerns over the potential for misunderstandings or miscommunications regarding verbal notices, which could lead to an increase in trespassing incidents or confrontations. The balance between protecting gun ownership rights and ensuring community safety remains a contentious debate in the legislative discussions regarding HB 123.