89th Legislature

SB 1065

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1065 seeks to ensure that individuals licensed to carry handguns in Texas are not unlawfully prohibited from doing so on property owned or leased by a governmental entity when such property is used under a contractual agreement with a private contractor. The bill introduces new sections to the Government Code that require specific provisions in public contracts related to handgun carry rights and imposes civil penalties on contractors who violate these provisions.

Specifically, SB 1065 amends Chapter 411 of the Government Code to add Section 411.2095, which prohibits contractors from posting signage or taking other actions that suggest a licensed handgun holder cannot carry on the premises unless doing so is backed by statutory law (e.g., Penal Code Section 46.03). Violations result in escalating civil fines, with penalties ranging from $1,000 to $10,500, and each day a violation continues is treated as a separate offense. The bill also outlines a process for residents or license holders to file complaints with the Attorney General, who is responsible for enforcement.

Additionally, SB 1065 adds Section 2252.911 to the Government Code, mandating that contracts between governmental entities and private contractors include language affirming that licensed handgun holders may carry on the property unless legally prohibited. This statutory requirement ensures consistency and transparency in public contract terms concerning Second Amendment rights. Overall, the bill aims to strengthen existing protections for licensed carriers and prevent contractors from creating de facto gun-free zones on public property without legal authority.
Author
Bob Hall
Co-Author
Brandon Creighton
Brent Hagenbuch
Sponsor
Dade Phelan
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1065 is not expected to have a significant fiscal impact on the State of Texas. While the bill does authorize civil penalties for contractors who unlawfully restrict licensed handgun carry on government property, the revenue generated from these penalties is anticipated to be minimal and cannot be reliably estimated. Nonetheless, the fiscal note suggests that the volume of violations likely to result in fines will be low, contributing to the limited fiscal significance.

From an administrative perspective, any costs incurred by state agencies, such as the Office of the Attorney General or the courts, for processing complaints or pursuing civil penalties are expected to be manageable within their existing budgets. The enforcement mechanisms—requiring citizen complaints and a curing period before penalties are imposed—help to minimize administrative burden and potential litigation expenses.

Similarly, the bill is not expected to impose any substantial costs on local governments. Since the contractual provisions required by the bill apply only to new or renewed contracts and primarily affect contractor behavior rather than public entities directly, compliance is expected to integrate smoothly into standard procurement processes. Therefore, no significant local government fiscal impact is anticipated.

Vote Recommendation Notes

SB 1065 addresses a growing tension between the rights of licensed handgun holders and the actions of private contractors operating on government-owned or leased property. Prompted by incidents such as the State Fair of Texas’ decision to ban firearms—even for those legally licensed to carry—this bill clarifies that contractors cannot unilaterally override state law by imposing firearm restrictions in spaces intended to be open to the public. SB 1065 reinforces the state’s support for constitutional carry and the Second Amendment, ensuring that government property cannot become arbitrarily restrictive through contract loopholes.

The bill mandates that contracts involving the use of governmental property include clear language stating that licensed handgun holders may carry firearms on the premises, unless otherwise prohibited by law (such as Penal Code Sec. 46.03). It provides a structured enforcement mechanism: contractors who violate these provisions are subject to escalating civil penalties, but only after receiving written notice and an opportunity to cure the violation. The Attorney General is empowered to investigate complaints and enforce the law, with collected penalties directed toward the Crime Victims Compensation Fund.

From a fiscal standpoint, the Legislative Budget Board anticipates no significant cost to the state or to local governments. The revenue generated from penalties is expected to be modest, and any administrative enforcement duties can be managed within existing agency budgets.

In light of its clear protection of individual liberty and limited government, SB 1065 aligns strongly with liberty-focused principles. It ensures state firearm laws are uniformly respected on public property while providing due process to contractors through cure periods and structured enforcement. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 1065 as the bill fortifies Second Amendment rights and upholds lawful carry protections without burdening public finances or expanding government power.

  • Individual Liberty: The bill is fundamentally rooted in reinforcing the constitutional rights of individuals, specifically the right to keep and bear arms. It ensures that licensed handgun carriers are not arbitrarily denied access to public property by private contractors acting beyond their authority. By clarifying that lawful carry rights cannot be contractually overridden on government property unless explicitly prohibited by law (e.g., Penal Code §46.03), the bill protects individuals from unlawful disarmament in spaces intended for public access. This affirms the state’s commitment to upholding the Second Amendment and related Texas laws, bolstering individual autonomy and the right to self-defense.
  • Personal Responsibility: The bill respects the judgment and conduct of responsible, licensed handgun holders. These individuals have already demonstrated their fitness to carry a firearm under Texas law, including background checks and training. The bill reinforces the idea that law-abiding citizens should not be subject to arbitrary restrictions by unelected private parties. It trusts individuals to carry responsibly in public spaces and ensures they are not unfairly punished for doing so.
  • Free Enterprise: The bill does not regulate economic behavior or impose business mandates unrelated to constitutional rights. Contractors remain free to enter or reject public contracts but must adhere to state law if they choose to use government property. The bill promotes transparency and consistency in contractual terms, which may benefit the contracting environment in the long term. While it does impose a constraint, it is a constraint in service of liberty, not a distortion of markets or competition.
  • Private Property Rights: The bill raises a potential concern for contractor discretion, which may be seen as an extension of private property rights. However, it applies only to property owned or leased by governmental entities, not private land generally. Contractors who choose to operate on public property do so under terms dictated by the state, and the bill does not interfere with their rights outside that context. Therefore, any tension with private property rights is narrow and justified by the public interest in upholding constitutional liberties on public land.
  • Limited Government: The bill helps check the extension of quasi-governmental control by private contractors operating on public land. Rather than increasing regulatory authority, it prevents governmental entities from enabling contractors to create policies that circumvent or conflict with Texas law. The bill also establishes a clear and narrow enforcement process that avoids government overreach: penalties are imposed only after notice, a cure period, and investigation. This structure ensures that government intervention is limited, reactive, and focused solely on preserving legal rights.
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