BILL ANALYSIS

H.B. 2031

By: Richardson

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee of a constituent's concerns regarding the lack of an enforcement mechanism in the statute that provides that a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in the tenant's rental unit, in a vehicle located in a parking area provided for tenants or guests by the landlord, or in other locations controlled by the landlord with respect to the leased premises that are necessary to enter or exit certain locations on the leased premises.  The bill author has further informed the committee that, barring personal litigation, tenants in this situation are left with the option of surrendering their firearms or ammunition or moving out of the leased premises. H.B. 2031 seeks to make a landlord liable for a civil penalty for a violation of the prohibition and provides for the collection of the penalty by the attorney general or by suit brought by the attorney general or the appropriate county or district attorney if the landlord does not cure the violation within a specified period.

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. 2031 amends the Property Code to make a landlord who violates the prohibition against prohibiting a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in the tenant's rental unit, in a vehicle located in a parking area provided for tenants or guests by the landlord, or in certain other locations controlled by the landlord liable for a civil penalty of the following amounts:

· not less than $1,000 and not more than $1,500 for the first violation; and

· not less than $10,000 and not more than $10,500 for the second or subsequent violation.

The bill authorizes a tenant of a landlord in violation of that prohibition to file a complaint with the attorney general that the landlord is in violation of the prohibition if the tenant provides the landlord with a written notice that describes the location and general facts of the violation and the landlord does not cure the violation before the end of the third business day after the date of receiving the written notice. The bill requires such a complaint to include evidence of the violation and a copy of the written notice provided to the landlord. The bill requires the attorney general, before a suit may be brought against a landlord for a violation of the prohibition, to investigate the complaint to determine whether legal action is warranted, and, if legal action is warranted, to give the landlord charged with the violation a written notice that does the following:

· describes the violation;

· states the amount of the proposed penalty for the violation; and

· gives the landlord 15 days from receipt of the notice to cure the violation to avoid the penalty, unless the landlord was found liable by a court for previously violating the prohibition.

The bill authorizes the attorney general or the appropriate county or district attorney to sue to collect the civil penalty provided by the bill's provisions if the attorney general determines that legal action is warranted and that the landlord has not cured the violation within the prescribed 15‑day period. The bill also authorizes the attorney general to apply for any appropriate equitable relief and to recover reasonable expenses incurred in obtaining relief under the bill's provisions, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs. The bill authorizes a suit or petition under the bill's provisions to be filed in a district court in a county in which the premises are located. The bill requires a civil penalty collected by the attorney general under the bill's provisions to be deposited to the credit of the compensation to victims of crime fund established under the Crime Victims' Compensation Act.

EFFECTIVE DATE

September 1, 2025.