Bill

HB 121

86(R) - 2019
House Criminal Jurisprudence
House State Affairs
House Criminal Jurisprudence
House State Affairs
Crimes
Property Rights

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive

Author(s)

Valoree Swanson
Todd Hunter
Tom Oliverson
Leo Pacheco
Richard Raymond

Co-Author(s)

Kyle Biedermann
Greg Bonnen
Briscoe Cain
Giovanni Capriglione
Dan Flynn
Cole Hefner
Stan Lambert
Mike Lang
Ben Leman
Mayes Middleton
Candy Noble
Chris Paddie
Jarred Patterson
Dennis Paul
Scott Sanford
Matt Schaefer
Matt Shaheen
J.D. Sheffield
Hugh Shine
Drew Springer
Jonathan Stickland
Ed Thompson
Tony Tinderholt
Bill Zedler

Sponsor(s)

Brandon Creighton

Co-Sponsor(s)

Bob Hall

Bill Caption

Relating to a defense to prosecution for the offense of trespass by certain persons carrying handguns.

Fiscal Notes

No significant fiscal implication to the State is anticipated.


Bill Analysis

HB 121 would create a defense to prosecution for carrying a handgun on property where it is prohibited. HB 121 would provide a defense for those who were orally notified by the owner that carrying a handgun on the premises is prohibited and then promptly departed from the property.

Vote Recommendation Notes

Texas Action supports HB121 because it promotes individual liberty and limited government. This bill prevents overcriminalization by allowing gun owners who possessed a concealed weapon on property where it is not allowed to simply leave when notified. Criminalizing this action and putting this otherwise law abiding citizen into the judicial system would do nothing but add needless cost to the criminal justice system. HB 121 promotes individual liberty by allowing gun owners to lawfully carry their weapon without fear of accidentally becoming a criminal by stepping onto a property where the owner does not allow concealed carry. Society is a balance the rights of individuals who compose it. A gun owner who complies with a property owner's request by leaving the property is adhering to this interaction and balance of rights. 

Organizations Supporting

Sheriffs' Association of Texas