89th Legislature Regular Session

HB 2993

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2993 proposes to amend the Texas Penal Code to allow county commissioners to carry a handgun in certain locations where carrying a firearm is typically prohibited. The bill specifically adds county commissioners to the list of individuals exempt from the prohibitions outlined in Sections 46.02 and 46.03 of the Penal Code, which generally restrict the carrying of firearms in specified places.

Under this bill, a county commissioner who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code would be permitted to carry a firearm in the same locations where other exempted officials, such as peace officers, judges, and district attorneys, are currently allowed. This change aligns the rights of county commissioners with those of other public officials who are already authorized to carry firearms in certain restricted areas.

The bill specifies that the change in law would apply only to offenses committed on or after the effective date of September 1, 2025. Offenses committed before that date will be governed by the previous law, ensuring no retroactive application.

By extending handgun-carrying privileges to county commissioners, HB 2993 aims to enhance personal security for public officials while they perform their duties. Would you like an analysis of how this bill aligns with core liberty principles?

he original version of HB 2993 and the Committee Substitute both aim to expand the rights of county commissioners by allowing them to carry handguns in certain locations where carrying firearms is typically restricted. The primary purpose of both versions is to amend Section 46.15(a) of the Texas Penal Code to include county commissioners among the list of public officials exempt from handgun carry restrictions outlined in Sections 46.02 and 46.03. However, the committee substitute introduces some adjustments to the language and structure to improve clarity and consistency.

One of the key differences between the original bill and the Committee Substitute is the way the exemption for county commissioners is presented. The original bill directly adds county commissioners to the list of public officials who are allowed to carry handguns under Subchapter H, Chapter 411, Government Code. In contrast, the Committee Substitute slightly reorganizes the list to maintain a more structured and clear format, ensuring consistency with the existing statute while preserving the primary intent.

Another difference lies in the overall presentation and format of the amendment. The Committee Substitute includes a clearer statement of the bill's applicability, specifying that the changes apply only to offenses committed on or after the effective date. This distinction helps avoid any confusion about retroactive application, which was less explicitly addressed in the original version. Additionally, the substitute version improves the sequencing and numbering within the list of exempt individuals, making it more logically ordered and easier to interpret.

Overall, the Committee Substitute refines the original bill without altering its core intent, enhancing the bill's legal precision and coherence while ensuring that county commissioners are granted the same handgun-carrying privileges as other designated public officials.
Author
Ryan Guillen
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2993 will have no significant fiscal impact on the state. The bill proposes to amend the Texas Penal Code to allow county commissioners who are licensed to carry a handgun to do so in locations where carrying firearms is otherwise prohibited. The primary fiscal consideration is whether this exemption would significantly affect state correctional resources or the court system.

According to the LBB, the bill is not expected to generate a significant increase in criminal cases or affect state correctional populations. This suggests that allowing licensed county commissioners to carry handguns in restricted areas would not meaningfully increase the number of arrests, prosecutions, or incarcerations related to unlawful carrying of weapons. Additionally, the Office of Court Administration (OCA) has indicated that the bill would not create a significant fiscal burden on the court system, as it is unlikely to lead to a substantial rise in litigation or case processing.

Regarding local government impact, the LBB anticipates that any costs related to enforcement, prosecution, supervision, or confinement associated with the bill would also be insignificant. This assessment implies that local law enforcement and judicial systems would not face additional workload or financial strain due to the changes proposed by HB 2993.

In summary, the bill is considered fiscally neutral at both the state and local levels, as existing government infrastructure and resources are sufficient to handle any minor impacts associated with its implementation.

Vote Recommendation Notes

HB 2993, while intended to enhance personal security for county commissioners, raises significant concerns regarding the creation of a special class of public officials who are granted privileges not afforded to the general public. The bill allows licensed county commissioners to carry handguns in restricted areas, aligning their rights with those of other public officials, such as judges and district attorneys. However, this approach conflicts with the principle of equal treatment under the law, as it grants special rights based solely on holding public office. This disparity could erode public trust by suggesting that elected officials deserve enhanced protections compared to ordinary citizens who hold the same handgun license.

While the bill nominally supports individual liberty and personal responsibility by allowing commissioners to protect themselves and by requiring them to hold a valid handgun license, it ultimately undermines these principles by implying that public status justifies special privileges. This selective application of rights contradicts the fundamental belief that individual liberties should be applied universally and not be contingent on one’s position within the government.

Moreover, from a limited government perspective, the bill inappropriately extends special government privileges rather than promoting consistent standards across the public. Rather than correcting an oversight, the bill’s current form broadens the scope of governmental privilege without offering a compelling justification for why county commissioners, specifically, should be exempt from the general handgun restrictions that apply to other licensed carriers.

To better align with core liberty principles, the bill should be amended to extend the same privileges to all licensed handgun carriers. As it stands, HB 2993 risks creating a perception of unequal treatment that contradicts the fundamental idea of fair and equal rights for all citizens. For these reasons, Texas Policy Research recommends that lawmakers vote NO; Amend on HB 2993.

  • Individual Liberty: HB 2993 undermines individual liberty by creating a special class of public officials—county commissioners—who are granted the privilege to carry handguns in restricted areas where the general public, even those licensed to carry, are not allowed. This selective granting of rights contradicts the principle that liberty should be universally applied and not contingent upon holding a government position. By giving county commissioners firearm privileges that other citizens do not have, the bill compromises the notion of equal rights under the law.
  • Personal Responsibility: Licensing a constitutional right inherently contradicts the idea of personal responsibility. If the right to carry a handgun is grounded in the Second Amendment, then requiring a license implies that the government can permit or deny a fundamental right. HB 2993 perpetuates this contradiction by stipulating that county commissioners must be licensed to carry in restricted areas. Instead of affirming the individual’s inherent right to self-defense, the bill conditions that right on government approval, which runs counter to the principle of natural rights. Rather than encouraging responsible exercise of a right, it implies that public officials have a greater entitlement to that right than the average citizen.
  • Free Enterprise: HB 2993 does not directly impact free enterprise, as it deals solely with the rights of public officials rather than private business practices. However, the creation of a special class of carriers could indirectly affect how the public perceives fairness and consistency in government policy. When some individuals receive preferential treatment based on their office, it can erode public trust in how laws are uniformly applied, which can indirectly affect the civic environment that supports free enterprise.
  • Private Property Rights: The bill may also indirectly challenge private property rights because it grants county commissioners the ability to carry handguns in places where private property owners might otherwise prohibit firearms. This could lead to tension between public rights and private rules, especially if a commissioner carries a weapon into a location that, under current law, restricts firearms. By giving public officials special carry privileges, the bill might override private property owners’ decisions on firearm policies, which raises concerns about government overreach into private autonomy.
  • Limited Government: HB 2993 contradicts the principle of limited government by creating a special class of public officials who are granted rights not available to the general public. This kind of selective exemption is problematic because it expands government privilege rather than promoting equal application of rights. Moreover, the requirement for a carry license for county commissioners continues the problematic practice of licensing a constitutional right, suggesting that the government has the authority to permit or restrict fundamental freedoms. Instead of affirming the Second Amendment as an inherent right, the bill perpetuates the notion that public office justifies additional privileges.
View Bill Text and Status