Texas 2025 - 89th Regular

Texas House Bill HB1040

Filed

11/12/24

Out of House Committee

Voted on by House

Out of Senate Committee

Voted on by Senate

Governor Action

Bill Becomes Law

Caption

Relating to the prosecution of the offense of possessing or carrying certain weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.

Impact

If enacted, HB1040 would significantly impact the existing laws governing weapon possession near facilities like mental hospitals, group homes, and state-supported living centers. It enforces stricter liabilities on individuals who carry weapons into places where individuals with developmental and intellectual disabilities reside. This could lead to increased security measures within these facilities and bolster the overall safety protocols intended to protect residents from potential harm.

Summary

House Bill 1040, titled Joshua's Act, focuses on the regulation of weapons possession in specific facilities that provide services to individuals with intellectual or developmental disabilities. The bill outlines amendments to the Texas Penal Code concerning where individuals may not possess certain weapons, including firearms and other restricted items. This legislation aims to enhance safety standards in facilities designed to assist vulnerable populations, ensuring that unauthorized persons cannot bring weapons into these sensitive environments.

Contention

The bill's discussion may raise points of contention regarding personal freedoms related to weapon ownership. Proponents argue that enhancing regulations around weapon possession is crucial for the safety of the residents in care facilities, while opponents may express concerns about the limitations imposed on lawful gun owners. The definitions provided for 'intellectual disability' and 'developmental disability' in the bill also aim to solidify the scope of its application, ensuring the law does not inadvertently infringe on rights of individuals who do not fall under these categories.

Texas Constitutional Statutes Affected

Penal Code

Chapter 46. Weapons
- Section: 03
- Section: 15

Health And Safety Code

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

Chapter 252. Intermediate Care Facilities For Individuals With An Intellectual Disability
- Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB1007

Relating to prohibiting weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.

TX HB4726

Relating to prohibiting weapons in certain facilities providing services to individuals with mental illness or an intellectual disability and community centers providing community-based mental health or intellectual disability services.

TX SB2095

Relating to the prosecution of the offense involving the possession or carrying of certain weapons on the premises or property of certain locations.

TX HB2279

Relating to the prosecution of certain offenses involving the carrying of weapons at certain locations.

TX HB1760

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

TX HB2960

Relating to the locations in which carrying certain weapons is prohibited and the applicability of a defense to prosecution for an offense relating to carrying a handgun in certain prohibited locations and associated notice requirements.

TX HB111

Relating to prohibiting the possession of weapons on public property within 1000 feet of a school in Texas.

TX HB192

Relating to the possession of a weapon in certain locations of a government court.

TX HB1623

Relating to creating a criminal offense for the unlawful possession or transfer of certain semiautomatic rifles.

TX HB817

Relating to creating a criminal offense for the unlawful possession or transfer of an assault weapon.