Texas House Bill HB1138

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the authority of a municipality or county to regulate or prohibit the carrying of a firearm on the premises of certain libraries.

Impact

If enacted, HB1138 would significantly alter existing laws concerning municipal firearm regulations. As it prevents local governments from imposing additional restrictions beyond state law, it underscores the state's leading role in firearm regulation. This development serves to enhance the legal rights of individuals carrying firearms, enforcing a statewide standard while limiting the discretion of local governments to address community-specific safety needs and concerns.

Summary

House Bill 1138 proposes amendments to the Local Government Code concerning the authority of municipalities and counties to regulate the carrying of firearms on the premises of libraries. This legislation aims to provide clear guidelines on whether local governments can impose restrictions on firearms carry in these public spaces, thereby impacting the balance of power between state and local authorities regarding firearm regulation. The bill specifically delineates that municipalities and counties do not have the authority to prohibit individuals authorized under state law from carrying firearms in libraries.

Contention

Notable points of contention regarding HB1138 could arise from diverse communities and advocacy groups. Supporters of the bill, typically aligned with gun rights organizations, may argue that the legislation upholds Second Amendment rights and ensures public access to personal safety through lawful firearm possession. In contrast, opponents may voice concerns that the bill disregards local governance and the unique safety requirements present in different communities, especially in sensitive areas such as libraries where vulnerable populations may be present.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 229. Miscellaneous Regulatory Authority Of Municipalities
  • Section: 001

• Chapter 236. County Regulation Of Firearms, Knives, Ammunition, Firearm Supplies, And Sport Shooting Ranges
  • Section: 002