BILL ANALYSIS

S.B. 741

By: Hughes

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised over enforcement by certain property owners' associations of dedicatory instrument provisions restricting firearm possession, use, and storage, and that there is a need to protect the Second Amendment rights of law-abiding citizens. S.B. 741 seeks to provide that protection.

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

S.B. 741 amends the Property Code to prohibit a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.

EFFECTIVE DATE

September 1, 2019.