HB 2135

84(R) - 2015
House Homeland Security & Public Safety
House Homeland Security & Public Safety
2nd Amendment

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive


Doug Miller

Bill Caption

Relating to the purchasing of a firearm of an honorably retired or deceased peace officer.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

The bill would amend the Government Code to permit certain individuals to purchase a firearm from governmental entities. The governmental entity would be required to set the purchasing amount not to exceed fair market value. The bill would repeal Section 170.002, Local Government Code. 

Bill Analysis

Under current law certain peace officers government issued firearms may be purchased by the officer upon retirement or the family upon the death of the officer. HB 2135 would expand this opportunity so that it would apply to all peace officers in Texas rather than only the narrower group afforded the opportunity under current law.

The author's statement of intent does a good job of describing the problem this bill seeks to solve:

"Under current law, individuals who honorably retired as commissioned peace officers with a state agency or county may purchase their service weapon, provided that it is not a prohibited weapon under Section 46.05 (Prohibited Weapons), Penal Code. In addition, current law allows family members to purchase such a weapon if a commissioned peace officer with a state agency dies while commissioned. Unfortunately, these provisions exclude whole classes of peace officers, and therefore some families who want to honor their family member by purchasing his or her service weapon are unable to do so."

Vote Recommendation Notes

HB 2135 would limit government by expanding the individual liberty of retired peace officers and their family members to purchase their service weapons at fair market value. We support HB 2135.