HB 226

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

Companion Bill

SB 273

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive


Ryan Guillen

Bill Caption

Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Local government would be accountable for civil penalties established by the bill, but that would depend on the number of cases, if any, and only in the event of noncompliance. 

Bill Analysis

HB 226 prevents government entities from posting any communication to prevent concealed carry license holders from lawfully carrying on property that is not prohibited by Section 46.03 or Section 46.035 of the Penal Code (schools, airports, etc).  The civil penalty would be $1,000 to $1,500 for the first offense and $10,000 to $10,500 for subsequent violations by government entities that illegally prevent concealed carry license holders. For continuing violation, each day would be considered a separate violation.  Governmental entities would be unable to claim sovereign immunity. 

The attorney general must investigate upon evidence submitted by a citizen that his or her rights were violated.  The attorney general or appropriate county or district attorney would be permitted to sue on behalf of the citizen.  Any funds from violation penalties would be deposited to the credit of the compensation of victims of crime fund. 

Vote Recommendation Notes

This bill would allow recourse for citizens whose 2nd Amendment rights are violated by a government entity, therefore we support this legislation. 

When governments attempt to ban citizens from lawfully carrying, they are violating their 2nd Amendment rights and infringing upon their liberty. This bill helps the principle of individual liberty.  This bill would provide protection against the overreach of government entities by providing a penalty for violations of 2nd Amendment rights, therefore supporting the principle of limited government.