BILL ANALYSIS

H.B. 3137

By: Isaac

Community Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recently, San Jose, California, passed a so-called "gun harm reduction ordinance" that would require all gun owners to obtain and maintain liability insurance and pay an annual registration fee tentatively set at $25. These sorts of requirements effectively create gun-owner registries and could violate the Second Amendment. Moreover, these requirements infringe on a protected right under the U.S. Constitution by requiring a person to pay what is essentially a tax to exercise their rights. H.B. 3137 seeks to prevent local government entities in Texas from being able to require owners of firearms to license their firearms or from imposing any liability insurance requirements on firearm owners.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3137 amends Local Government Code to prohibit a municipality and a county from adopting or enforcing regulations that require a firearm owner to obtain liability insurance coverage for damages resulting from negligent or wilful acts involving the use of the firearm. The bill clarifies that provisions establishing the authority of a county to regulate certain matters relating to explosives and weapons do not authorize a county commissioners court to regulate the licensing of firearms or air guns and further clarifies that the existing prohibition against a municipality adopting certain regulations relating to firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories also prohibits the enforcement of any prohibited regulation. The bill's provisions apply to an ordinance, order, or regulation that is adopted or enforced before, on, or after the bill's effective date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.