Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 1234 modifies the process for denying handgun license applications based on medical advisory board recommendations. The Department of Public Safety must provide applicants with a detailed written explanation of the denial recommendation and allow at least 30 days for applicants to submit additional materials. The bill requires these materials to be reviewed by the recommending board before a final decision is made, ensuring greater transparency and applicant participation in the process.

HB 1234 proposes amendments to Subchapter H, Chapter 411 of the Texas Government Code to establish new procedural safeguards for applicants seeking a license to carry a handgun whose eligibility is questioned on mental health grounds. Specifically, the bill addresses cases in which the Texas Department of Public Safety (DPS) considers denying an original or renewal handgun license based on a recommendation from a Medical Advisory Board (MAB) panel convened under Section 12.095 of the Health and Safety Code.

Under HB 1234, before denying an application based on such a medical recommendation, DPS must first notify the applicant in writing, clearly stating the reason for the potential denial. The applicant must be given at least 30 days to submit additional written materials to supplement or clarify the application. This provision ensures applicants have a formal opportunity to respond to medical assessments that could otherwise result in an automatic denial of their constitutional right to carry a handgun.

The bill further requires DPS to forward any submitted materials back to the original MAB panel for reconsideration. Each panel member must then provide a follow-up written opinion on the applicant’s capacity to exercise sound judgment concerning handgun use and storage. Based on these revised evaluations and the original application, DPS will make a final decision on whether to approve or deny the license. The bill includes a transition clause that ensures the new process applies only to applications submitted on or after the effective date—September 1, 2025.

Author

Ryan Guillen

Co-Author

Penny Morales Shaw

Terry Wilson

Sponsor

Brent Hagenbuch

Contact the Author

Rep. Ryan Guillen

Capitol Phone:

(512) 463-0416

Capitol Office:

CAP 3N.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1234 is anticipated to have no significant fiscal impact on the state budget. According to the Legislative Budget Board’s fiscal note, while the bill introduces new procedural requirements for the Department of Public Safety (DPS) in reviewing certain handgun license applications, any associated costs are expected to be manageable within the agency’s existing appropriations and resources.

The procedural changes involve providing written notice to applicants, accepting and forwarding additional documentation to medical advisory board panels, and reviewing supplemental reports. Although these tasks add administrative steps, the DPS is assumed to have sufficient capacity and infrastructure to handle them without needing additional funding or personnel.

Similarly, the bill is not expected to impose a significant fiscal burden on local governments. Since the new responsibilities lie entirely with the state-level DPS and the medical advisory board panels, cities and counties will not bear new costs under the proposed law.

Vote Recommendation Notes

As outlined in both the bill text and the official committee bill analysis, the legislation responds to a gap in current law that allows the Department of Public Safety (DPS) to deny handgun license applications based on Medical Advisory Board (MAB) recommendations—without providing applicants an opportunity to contest or clarify those recommendations before final denial.

This bill corrects that imbalance by requiring DPS to inform applicants of the specific medical reason for potential denial and allow a 30-day window to submit supplemental information. The MAB panel must then review the new materials and reassess the applicant’s capacity to safely and responsibly possess a handgun. This process fosters transparency and due process, upholding individual liberty while still preserving a mechanism to evaluate legitimate mental health concerns related to firearm use.

From a liberty perspective, the bill affirms constitutional protections—especially Second Amendment rights—by ensuring that government action to deny those rights is not arbitrary or unchallengeable. It exemplifies limited government by imposing checks on bureaucratic discretion and reinforces personal responsibility by engaging applicants in the review process. Moreover, the Legislative Budget Board confirms the bill poses no significant fiscal burden to the state or local governments, making it both principled and practical policy.

In summary, HB 1234 reflects sound legislative intent and responsibly strengthens civil liberties. Texas Policy Research recommends that lawmakers vote YES on HB 1234.

Individual Liberty: The bill reinforces a fundamental constitutional right—the right to keep and bear arms—by ensuring that people are not denied a handgun license based solely on a bureaucratic medical opinion, without being allowed to respond. It gives applicants the ability to defend themselves with evidence and context, preserving their autonomy and legal protections.
Personal Responsibility: By creating a formal process for applicants to submit additional materials in response to a denial recommendation, the bill encourages individuals to take responsibility for their case and demonstrate their capacity to safely and responsibly carry a handgun.
Free Enterprise: While the bill doesn’t directly impact commerce or private industry, it could have a small indirect benefit by protecting the ability of licensed individuals to work in firearms-related roles (e.g., security jobs), which rely on legal carrying rights. However, these impacts are secondary.
Private Property Rights: Though not about property directly, the bill enhances the right to self-defense, which underpins the protection of one’s person and property. A license to carry a handgun, when properly issued, supports a Texan’s ability to defend home and property, especially in public settings.
Limited Government: This bill limits the discretion of a government agency and an unelected advisory board by requiring transparency, procedural fairness, and due process. It prevents arbitrary denials and ensures that final decisions rest on a fuller picture—not just one-sided expert recommendations.

View Bill Text and Status