Bill

SB 19

86(R) - 2019
Senate State Affairs
Senate State Affairs

Companion Bill

HB 302

Vote Recommendation

Yes
  • Neutral
  • Positive
  • Neutral
  • Positive
  • Positive

Author(s)

Bryan Hughes

Co-Author(s)

Paul Bettencourt

Bill Caption

Relating to the carrying, storage, or possession of a firearm or firearm ammunition by certain persons on certain residential or commercial property.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 19 would add an exception to criminal trespass if the reason that entry to the property was forbidden was because of a possession of firearm. This bill would apply in apartment or condominium buildings when the gun owner rents or owns a unit in the building. The firearm owner would be allowed to carry his firearm and ammunition directly to and from his apartment or condominium. The firearm owner would also be permitted to keep his firearm and ammunition stored in his vehicle in the parking area provided by the building. 

Vote Recommendation Notes

Texas Action supports SB 19 because it advances the principles of individual liberty and property rights. If an owner or renter of a property within a larger building could be charged with criminal trespass for transporting his firearm from his vehicle, which is his property, to his residence, also his property, because the building owner forbids entry to common areas with firearms, the gun owner would effectively lose his property rights and individual liberty to possess a firearm in his own home. This is a different situation than business owners who do not wish to allow those in possession of firearms into their property. In addition, allowing individuals to be charged with criminal trespass for bringing their legal firearm from their vehicle to their residence would make a criminal out of otherwise law-abiding citizens.