Texas 2023 - 88th Regular

Texas House Bill HB2278

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.

Impact

The enactment of HB 2278 would significantly alter how government entities in Texas regulate access to their properties for licensed handgun carriers. By prohibiting wrongful exclusion, the bill promotes the rights of individuals with handgun licenses and restricts governmental discretion over access to government properties. If the bill becomes law, it could set a precedent for similar legislative efforts aimed at protecting the rights of licensed individuals in other areas too. It would further embed the acknowledgment of gun rights within the state’s legal framework.

Summary

House Bill 2278 aims to address the wrongful exclusion of handgun license holders from certain properties owned or leased by governmental entities. The bill establishes that state agencies or political subdivisions cannot imply or communicate that licensed handgun holders are prohibited from accessing these locations unless expressly stated by law. If a license holder believes they have been wrongfully excluded, they can file a written complaint with the attorney general, which must be investigated before any legal action can be pursued against the agency or subdivided. This places a formal process in place for handling such claims, including a specified period for the governmental entity to cure the violation.

Sentiment

The sentiment surrounding HB 2278 is likely to be mixed, reflecting broader national debates on gun rights and regulation. Advocates for the bill emphasize personal freedoms and the rights of licensed handgun holders, viewing the bill as a necessary safeguard against wrongful exclusion from public spaces. Conversely, opponents may express concerns about public safety and the implications of increased access to firearms in government properties, potentially indicating a divide along ideological lines in the community.

Contention

Notable points of contention regarding HB 2278 include the balance between individual rights and public safety, as well as the power dynamics between state mandates and governmental entities. Critics may argue that the bill could lead to unnecessary confrontations in government buildings, thereby complicating the management of public spaces. Moreover, the requirement for government agencies to provide a window for correcting any perceived violations raises questions about the feasibility and administrative burden it might impose on already stretched local and state resources.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 209

Penal Code

  • Chapter 30. Burglary And Criminal Trespass
    • Section: 06
    • Section: 07
  • Chapter 46. Weapons
    • Section: 03

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.