BILL ANALYSIS

Senate Research Center	H.B. 2112
87R7087 MEW-F	By: Metcalf et al. (Springer)
	State Affairs
	5/7/2021
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Generally, Texas license holders can carry openly or concealed in any place not expressly prohibited by law. License holders may be subject to criminal charges for carrying a handgun in plain view unless carried in a shoulder or belt holster specifically. 

However, there are many different types of holsters:

• belly bands make it easy to conceal your firearm under your clothing;

• inside/outside waistbands. Waistband holsters are designed to sit either under your belt or outside of your belt;

• ankle holsters;

• shoulder holsters; and

• pocket holsters

After conferring with law enforcement agencies, the critical part of carrying a firearm in Texas safely is that one house their firearm in a holster, not really the type of holster.

H.B. 2112 strikes a belt or shoulder from existing law, allowing one to use any type of holster for properly carrying a gun in Texas. 

H.B. 2112 amends current law relating to the carrying of holstered handguns by handgun license holders.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 30.05(f), Penal Code, to provide that it is a defense to prosecution under Section 30.05 (Criminal Trespass) that the person was carrying a handgun in a holster, rather than in a shoulder or belt holster.

SECTION 2. Amends Section 30.07(f), Penal Code, to make a conforming change.

SECTION 3. Amends Section 46.02(a-1), Penal Code, to make a conforming change.

SECTION 4. Amends Sections 46.035(a), (b), (c), and (d), Penal Code, to make conforming changes.

SECTION 5. Amends Section 46.15(b), Penal Code, to make a conforming change.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Effective date: September 1, 2021.