Texas 2025 - 89th Regular

Texas House Bill HB1128

Filed
11/12/24  
Out of House Committee
5/1/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the applicability to election judges of a prohibition on the carrying of a concealed handgun at a polling place.

Impact

The enactment of HB 1128 will lead to a significant modification of the existing laws surrounding the carrying of handguns at polling places. By permitting election judges and relevant personnel to carry concealed weapons, the bill potentially transforms the security landscape of elections in Texas, which could influence how voting is conducted and perceived in terms of safety. This legislative change emphasizes the state's role in balancing gun rights with election integrity and security protocols, indicating a possible shift in public policy priorities regarding law enforcement presence during electoral events.

Summary

House Bill 1128 addresses the issue of concealed handgun carry prohibitions at polling places by allowing licensed individuals, specifically election judges and early voting clerks, to carry concealed handguns while performing their election duties. This change aims to provide these officials with a means of personal protection and security as they oversee the electoral process. The bill amends Section 46.15 of the Texas Penal Code to provide clarity regarding exemptions for these individuals under certain circumstances, reflecting a broader trend towards enhancing gun rights within legislative measures.

Sentiment

The sentiment surrounding the bill is largely supportive among gun rights advocates, who argue that it empowers election officials and enhances safety during elections. Proponents believe that allowing election judges to carry weapons will deter potential threats and provide a secure environment for voters. Conversely, opponents raise concerns about the implications of having firearms at polling places, arguing it might intimidate voters and disrupt the democratic process. This polarization reflects broader national debates around gun control and safety in public spaces.

Contention

Notable points of contention include debates over the necessity of allowing handguns in polling places, with critics arguing that it could lead to unintended consequences such as voter intimidation or increased tensions during elections. Some legislative members express worries about the adequacy of training for election officials to handle firearms in a highly charged electoral environment. These discussions underline the tension between individual rights and public safety, with the final outcome of the bill potentially setting precedents for future legislation regarding firearms in public venues.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 46. Weapons
    • Section: 15
    • Section: 15
    • Section: 15
    • Section: 15

Government Code

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

Election Code

  • Chapter 32. Election Judges And Clerks
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 83. Officer Conducting Early Voting
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 85. Conduct Of Voting By Personal Appearance
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2366

Same As Relating to the applicability to election judges of a prohibition on the carrying of a concealed handgun at a polling place.

Similar Bills

No similar bills found.