BILL ANALYSIS

C.S.H.B. 1794

By: Tepper

Homeland Security, Public Safety & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

State law currently prohibits a person from intentionally, knowingly, or recklessly possessing or going with certain weapons on the premises of a polling place on the day of an election or while early voting is in progress. The bill author has informed the committee that this prohibition is contrary to the spirit of the Second Amendment to the U.S. Constitution, which ensures the right of the people to keep and bear arms. C.S.H.B. 1794 seeks to address this issue by allowing a person to possess or go with a concealed handgun that the person is licensed to carry under state law on the premises of a polling place on the day of an election or while early voting is in progress if the polling place is not at a location where the possession of a concealed handgun is otherwise prohibited.

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

C.S.H.B. 1794 amends the Penal Code to create the following exception to the application of the offense of intentionally, knowingly, or recklessly possessing or going with a firearm on the premises of a polling place on the day of an election or while early voting is in progress:

· the actor possesses or goes with a concealed handgun that the actor is licensed to carry under state handgun licensing law and no other prohibited weapon; and

· the polling place is not at a location where the possession of a concealed handgun is otherwise prohibited by state law.

C.S.H.B. 1794 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1794 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

While the introduced and substitute both create an exception to the application of the offense for an actor who possesses or goes with a concealed handgun that the actor is licensed to carry under state handgun licensing law and no other prohibited weapon, the substitute includes a further condition not in the introduced that the polling place must not be at a location where the possession of a concealed handgun is otherwise prohibited by state law.