According to the Legislative Budget Board (LBB), the fiscal implications of HB 1794 are expected to be minimal. The bill would create a narrow exception to the offense under Texas Penal Code Section 46.03, which prohibits carrying weapons in certain locations, by allowing licensed handgun owners to carry a concealed handgun into a polling place during an election or early voting, provided the polling place is not otherwise off-limits to firearms under state law.

The LBB anticipates that this change will not result in a significant cost to the state. Specifically, any fiscal impact associated with the enforcement, prosecution, or incarceration of individuals under this revised statute is expected to be negligible. Because the bill carves out a specific exception for licensed individuals, it is unlikely to lead to a substantial increase in either criminal charges or courtroom proceedings that would impact state agencies such as the Office of Court Administration or the Department of Criminal Justice.

For local governments, the LBB similarly concluded that the bill would not impose significant costs. Any additional burdens related to law enforcement, local courts, supervision, or jail populations are projected to be minimal. This is largely due to the fact that the bill reduces the scope of criminalization rather than expanding it—effectively narrowing the set of circumstances in which otherwise lawful gun owners could be prosecuted for entering a polling place while carrying.

In summary, HB 1794 is not expected to materially affect state or local government expenditures or resource demands. Its targeted scope and limited application mitigate any potential cost impacts on the criminal justice system.

HB 1794 represents a thoughtful and measured expansion of Second Amendment protections for licensed handgun owners in Texas. Current law prohibits carrying firearms at polling places during elections or early voting, regardless of licensure. This bill amends the Penal Code to create an exception for individuals who possess a valid handgun license and are carrying a concealed handgun, provided the polling place is not located in an otherwise restricted area, such as a school or courthouse. This condition, added in the Committee Substitute, limits the scope of the exemption to ensure public safety and alignment with existing firearms law.

The bill supports the principle of individual liberty by reducing unnecessary restrictions on law-abiding gun owners and affirming their right to self-defense, even when participating in the electoral process. It does so without compromising protections for sensitive areas, reflecting a balanced approach to firearm access near voting sites. Moreover, there is no creation or enhancement of criminal penalties, no fiscal burden to state or local governments, and no expansion of regulatory authority. The Legislative Budget Board and committee analysis confirm the bill would have no significant fiscal impact and does not grant new rulemaking authority.

Finally, by narrowly tailoring the exception and clarifying that concealed carry remains subject to other location-based prohibitions, HB 1794 responsibly expands Second Amendment rights while respecting public safety concerns and maintaining consistency with other areas of Texas gun law. These factors together warrant a strong recommendation for passage, and as such, Texas Policy Research recommends that lawmakers vote YES on HB 1794.

• Individual Liberty: This bill expands Second Amendment rights by allowing licensed individuals to carry concealed handguns at polling places, so long as the location is not otherwise prohibited by law. This affirms and protects an individual’s right to self-defense and to bear arms, even in civic spaces where such rights have traditionally been limited. In doing so, the bill enhances individual autonomy and reinforces the principle that lawful, responsible citizens should not be arbitrarily denied constitutionally protected rights when fulfilling democratic duties like voting.
• Personal Responsibility: The bill maintains the requirement that individuals be licensed under Subchapter H, Chapter 411, of the Government Code, thereby reinforcing the idea that those who wish to exercise this expanded right must do so within a framework of accountability. By trusting licensed individuals to carry responsibly in a polling place, the law reflects a policy preference for personal responsibility over blanket prohibition.
• Free Enterprise: The bill does not regulate, support, or interfere with any commercial activity or the operations of private businesses. It is limited to public conduct during civic engagement at polling locations and has no bearing on the functioning of the marketplace.
• Private Property Rights: Private property rights are unaffected by this bill. If a polling place is located on private property, property owners may still post legal signage (such as 30.06 and 30.07 notices) to prohibit the carrying of firearms. The bill does not interfere with the ability of private entities to regulate the use of their own property.
• Limited Government: This bill reduces the scope of government restriction on peaceful, lawful behavior. It removes a broad prohibition from the Penal Code that prevented licensed handgun carriers from exercising their rights in polling places, even where no other security concern existed. By tailoring the law more narrowly and preserving existing restrictions for sensitive locations (such as schools or courthouses), the bill trims back government overreach without jeopardizing public safety.