Texas House Bill HB1760

Texas 2023 - 88th Regular

• Filed: 1/27/23
• Out of House Committee: 4/3/23
• Voted on by House: 4/18/23
• Out of Senate Committee: 5/5/23
• Voted on by Senate: 5/11/23
• Governor Action: 5/24/23

Caption

Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.

Impact

The impact of HB 1760 on state laws is significant as it addresses the prosecution of individuals found in possession of firearms in designated prohibited places associated with educational institutions. The bill does not extend the areas where firearms may be carried but instead aims to reinforce and clarify existing restrictions. By delineating the boundaries of what qualifies as an educational institution, the legislation seeks to protect lawful gun owners from inadvertent violations of the law, thereby promoting a clearer understanding of firearm regulations in educational contexts.

Summary

House Bill 1760, sponsored by Representative Hefner, primarily aims to clarify the existing laws concerning the possession of firearms in relation to schools and post-secondary educational institutions. The bill emphasizes ensuring that public locations cannot falsely claim to be educational institutions to avoid exposing law-abiding citizens to potential criminal charges. This clarification is essential as it defines and distinguishes between what constitutes an educational institution and other public locations, thereby preventing misapplication of the law regarding weapon possession.

Sentiment

The sentiment surrounding HB 1760 appears to be generally supportive among firearm advocates and organizations, such as the National Rifle Association. Supporters argue that the bill safeguards the rights of lawful gun owners by eliminating ambiguities in the law that could lead to wrongful prosecution. Conversely, there may be concerns from groups focused on educational environments and public safety, who fear that any leniency may inadvertently contribute to risks in school settings. Thus, the sentiment is marked by a divide between advocates for gun rights and those prioritizing safety in educational contexts.

Contention

Notable points of contention regarding HB 1760 center around the balance between protecting Second Amendment rights and ensuring the safety of students and educational staff. Critics may express that the bill, while intended to clarify existing laws, could potentially create loopholes or ambiguities that might be exploited. Additionally, the tension between law enforcement's ability to enforce the law regarding firearm possession in sensitive areas like schools presents another layer of contention. Overall, the discussion surrounding this bill reflects broader debates on gun control and public safety.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 46. Weapons
  • Section: 03
  • Section: 03
  • Section: 03
  • Section: New Section
  • Section: 03
  • Section: New Section

Health And Safety Code

• Chapter 241. Hospitals
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 242. Convalescent And Nursing Facilities And Related Institutions
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 571. General Provisions
  • Section: New Section
  • Section: New Section

Government Code

• Chapter 551. Open Meetings
  • Section: New Section
  • Section: New Section

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section

Code Of Criminal Procedure

• Chapter 43. Execution Of Judgment
  • Section: 19

Alcoholic Beverage Code

• Chapter 25. Wine And Malt Beverage Retailer's Permit
  • Section: New Section

• Chapter 28. Mixed Beverage Permit
  • Section: New Section

• Chapter 32. Private Club Registration Permit
  • Section: New Section

• Chapter 69. Retail Dealer's On-premise License
  • Section: New Section

• Chapter 74. Brewpub License
  • Section: New Section