HB 2458
bill adds a defense for showing a deadly weapon
Died in committee
Verdict: No flags
No flags Initial review
Rep. Wes Virdell R House 53
Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption relating to a defense to prosecution for the offense of aggravated
assault.
Caption from analyzed text · version I.
Summary A new defense to aggravated assault by threat.
The bill adds a new defense to the aggravated assault offense for someone who threatens another person by showing a deadly weapon. The defense applies only if the threat would already be justified under the state's self-defense chapter and the person reasonably believed that making the other person fear the weapon would be used was immediately necessary to defend against unlawful force or deadly force. People who display a gun or other deadly weapon to stop an attack get a clearer defense in court, starting September 1, 2025, for conduct on or after that date.
Labels Labels: GOT HALFWAY. Passed the House on May 13, 2025. Died in the Senate: never got out of the Criminal Justice committee.
Receipt
The receipt 89R-HB2458 · 2025-02-05
ITEM relating to a defense to prosecution for the offense of aggravated
assault.
WHAT IT DOES A new defense to aggravated assault by threat.
The bill adds a new defense to the aggravated assault offense for someone who threatens another person by showing a deadly weapon. The defense applies only if the threat would already be justified under the state's self-defense chapter and the person reasonably believed that making the other person fear the weapon would be used was immediately necessary to defend against unlawful force or deadly force. People who display a gun or other deadly weapon to stop an attack get a clearer defense in court, starting September 1, 2025, for conduct on or after that date.
TOTAL No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Sources
Fiscal note · version I · April 14, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
HISTORY Feb 5, 2025 Filed Mar 17, 2025 Read first time Mar 17, 2025 Referred to Criminal Jurisprudence Apr 15, 2025 Scheduled for public hearing on . . . Apr 15, 2025 Considered in public hearing Apr 15, 2025 Testimony taken/registration(s) recorded in committee Apr 15, 2025 Left pending in committee Apr 22, 2025 Considered in public hearing Apr 22, 2025 Reported favorably w/o amendment(s) Apr 25, 2025 Comte report filed with Committee Coordinator Apr 25, 2025 Committee report distributed Apr 28, 2025 Committee report sent to Calendars May 7, 2025 Considered in Calendars May 9, 2025 Placed on General State Calendar May 12, 2025 Read 2nd time May 12, 2025 Passed to engrossment May 12, 2025 Record vote RV#2212 May 12, 2025 Statement(s) of vote recorded in Journal May 13, 2025 Read 3rd time May 13, 2025 Passed May 13, 2025 Record vote RV#2278 May 13, 2025 Statement(s) of vote recorded in Journal May 13, 2025 Reported engrossed May 14, 2025 Received from the House May 14, 2025 Read first time May 14, 2025 Referred to Criminal Justice FILED UNDER No flags
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Nov 3, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Texans for Truth and Liberty PAC $25,000.00 Texans for Truth and Liberty PAC $25,000.00
Cash $25,000.00
Paid by others $0.00
Total $25,000.00 Also funds 44 other sitting lawmakers.
Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
Team Sources Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101012375.
Physicians for Free Market Healthcare PAC $25,000.00 Physicians for Free Market Healthcare PAC $25,000.00
Cash $25,000.00
Paid by others $0.00
Total $25,000.00 Also funds 33 other sitting lawmakers.
Derived recipient stock · Jun 30, 2025 to Oct 22, 2026. State data as of Nov 4, 2026.
TEC account match.
Team Sources Derived itemized flow · on Oct 22, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101031736.
Texas Trial Lawyers Association PAC $22,500.00 Texas Trial Lawyers Association PAC $22,500.00
Cash $22,500.00
Paid by others $0.00
Total $22,500.00 Also funds 137 other sitting lawmakers.
Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
Team Sources Derived itemized flow · Nov 25, 2024 to Jul 13, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100987242, 101012375, 101060151, 101072158.
Money Missing data does not establish zero giving. Display amounts are rounded.
× Texans for Truth and Liberty PAC $25,000.00
Cash $25,000.00
Paid by others $0.00
Total $25,000.00 Also funds 44 other sitting lawmakers.
Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
Team Sources Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101012375.
× Physicians for Free Market Healthcare PAC $25,000.00
Cash $25,000.00
Paid by others $0.00
Total $25,000.00 Also funds 33 other sitting lawmakers.
Derived recipient stock · Jun 30, 2025 to Oct 22, 2026. State data as of Nov 4, 2026.
TEC account match.
Team Sources Derived itemized flow · on Oct 22, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 101031736.
× Texas Trial Lawyers Association PAC $22,500.00
Cash $22,500.00
Paid by others $0.00
Total $22,500.00 Also funds 137 other sitting lawmakers.
Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
Team Sources Derived itemized flow · Nov 25, 2024 to Jul 13, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100987242, 101012375, 101060151, 101072158.
Votes2
House May 13, 2025
Yea 119
Nay 18
Present, not voting 2
Absent 4
Excused 7
Names
Davis, A. Absent Louderback Yea Schoolcraft Yea Allen Nay Hernandez Yea Rodríguez Ramos Nay Hopper Yea Orr Yea Button Yea Johnson Excused Martinez Yea Walle Yea Gervin-Hawkins Excused Bumgarner Yea Buckley Yea Money Yea Harrison Yea Cain Yea Landgraf Yea Noble Yea Tepper Yea Fairly Excused Harris Davila Yea Isaac Yea Garcia Hernandez Yea Bell, C. Yea Ward Johnson Absent Cunningham Yea Geren Yea Turner Yea Manuel Yea Morales, C. Nay Ordaz Yea Harris(C) Present, not voting Vasut Yea Hefner Yea Phelan Yea Alders Yea Cook Yea Lowe Yea Spiller Yea Villalobos Yea Paul Yea Bernal Yea McLaughlin Yea Howard Yea Darby Yea Mr. Speaker Present, not voting Morales, E. Yea Campos Yea Troxclair Yea Gámez Yea Zwiener Yea Gates Yea VanDeaver Yea Wu Yea Hinojosa Nay Capriglione Yea Bonnen Yea Dutton Yea Kerwin Yea Hickland Yea Vo Yea Lozano Yea Frank Yea Talarico Yea Lopez, J. Yea Holt Yea Patterson Yea Dean Yea Barry Yea Leach Excused González, J. Excused Shofner Yea Moody Yea Bryant Nay Bucy Yea Lujan Yea McQueeney Yea Smithee Yea Jones, J. Nay Rosenthal Nay Garcia, J. Yea Pierson Yea Bell, K. Yea King Yea Richardson Yea Hull Yea Simmons Excused Garcia, L. Nay Flores Nay DeAyala Yea LaHood Yea Dorazio Yea Perez, M. Yea González, M. Yea Morgan Yea Shaheen Absent Plesa Yea Olcott Yea Schofield Excused Little Yea Meyer Yea Schatzline Yea Collier Yea Longoria Yea Curry Yea Dyson Yea Morales Shaw Absent Cortez Yea Guerra Yea Anchía Yea Romero Yea Lopez, R. Nay Bowers Yea Hayes Yea Raymond Yea Reynolds Nay Guillen Yea Bhojani Yea Harless Yea Thompson Nay Muñoz Yea Slawson Yea Luther Yea Cole Yea Gerdes Yea Kitzman Yea Lambert Yea Toth Yea Lalani Yea Leo Wilson Yea Canales Yea Wilson Yea Meza Nay Hunter Yea Craddick Yea Oliverson Yea Rose Nay Tinderholt Yea Ashby Yea Martinez Fischer Nay Wharton Yea Swanson Yea Jones, V. Nay Goodwin Nay Perez, V. Yea Virdell Yea Metcalf Yea Davis, Y. Nay Named positions matched to lawmakers. See the journal for unmatched names.
House journal
Sources
Record 2278
HB 2458 was passed by (Record 2278): 119 Yeas, 18 Nays, 2 Present, not voting.
Published stock of positions for this vote, except where marked derived.
Yea: 119 (published) Nay: 18 (published) Present, not voting: 2 (published) Absent: 4 (derived from named list) Excused: 7 (derived from named list) House journal . Source snapshot 2026-10-19, Central time.
House May 12, 2025
Yea 113
Nay 24
Present, not voting 2
Absent 4
Excused 7
Names
Davis, A. Yea Louderback Yea Schoolcraft Yea Allen Absent Hernandez Yea Rodríguez Ramos Nay Hopper Yea Orr Yea Button Yea Johnson Yea Martinez Yea Walle Nay Gervin-Hawkins Excused Bumgarner Yea Buckley Yea Money Excused Harrison Yea Cain Yea Landgraf Yea Noble Yea Tepper Yea Fairly Absent Harris Davila Yea Isaac Yea Garcia Hernandez Nay Bell, C. Yea Ward Johnson Yea Cunningham Yea Geren Yea Turner Nay Manuel Yea Morales, C. Nay Ordaz Yea Harris(C) Present, not voting Vasut Yea Hefner Yea Phelan Yea Alders Yea Cook Yea Lowe Yea Spiller Yea Villalobos Yea Paul Yea Bernal Yea McLaughlin Yea Howard Yea Darby Yea Mr. Speaker Present, not voting Morales, E. Yea Campos Yea Troxclair Yea Gámez Yea Zwiener Nay Gates Yea VanDeaver Yea Wu Nay Hinojosa Nay Capriglione Yea Bonnen Yea Dutton Absent Kerwin Yea Hickland Yea Vo Yea Lozano Yea Frank Yea Talarico Yea Lopez, J. Yea Holt Yea Patterson Yea Dean Yea Barry Yea Leach Yea González, J. Nay Shofner Yea Moody Yea Bryant Nay Bucy Yea Lujan Yea McQueeney Yea Smithee Excused Jones, J. Nay Rosenthal Nay Garcia, J. Yea Pierson Yea Bell, K. Yea King Excused Richardson Yea Hull Yea Simmons Excused Garcia, L. Nay Flores Excused DeAyala Yea LaHood Yea Dorazio Yea Perez, M. Yea González, M. Yea Morgan Yea Shaheen Yea Plesa Yea Olcott Yea Schofield Excused Little Yea Meyer Yea Schatzline Yea Collier Nay Longoria Yea Curry Yea Dyson Yea Morales Shaw Nay Cortez Yea Guerra Yea Anchía Nay Romero Nay Lopez, R. Nay Bowers Absent Hayes Yea Raymond Yea Reynolds Nay Guillen Yea Bhojani Yea Harless Yea Thompson Yea Muñoz Yea Slawson Yea Luther Yea Cole Yea Gerdes Yea Kitzman Yea Lambert Yea Toth Yea Lalani Yea Leo Wilson Yea Canales Yea Wilson Yea Meza Nay Hunter Yea Craddick Yea Oliverson Yea Rose Nay Tinderholt Yea Ashby Yea Martinez Fischer Nay Wharton Yea Swanson Yea Jones, V. Yea Goodwin Nay Perez, V. Yea Virdell Yea Metcalf Yea Davis, Y. Nay Named positions matched to lawmakers. See the journal for unmatched names.
House journal
Sources
Record 2212
HB 2458 was passed to engrossment by (Record 2212): 113 Yeas, 24 Nays, 2 Present, not voting.
Published stock of positions for this vote, except where marked derived.
Yea: 113 (published) Nay: 24 (published) Present, not voting: 2 (published) Absent: 4 (derived from named list) Excused: 7 (derived from named list) House journal . Source snapshot 2026-10-19, Central time.
Witnesses8
For 6
Against 1
On 1
Names
For
National Rifle Association 1 registration Self 1 registration Self; Gun Owners of America 1 registration Self; True Texas Project 1 registration Self; True texas project 1 registration Texas State Rifle Association 1 registration
Against
Phil Sorrells - Tarrant County Criminal District Attorney 1 registration
On
Sources
8 parsed registrations across the loaded witness lists.
Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.
House witness list . Source snapshot 2026-10-20, Central time.
Fiscal No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Sources
Fiscal note · version I · April 14, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
How this was graded Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric .
Sources
Texas House · Filed Feb 5, 2025
05/14/2025 S Referred to Criminal Justice
Texas Legislature Online · Introduced · House Committee Report · Engrossed
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
Coauthors House committee · Criminal Jurisprudence · Committee vote 7 aye, 1 nay, 3 absent · Out of committee
Senate committee · Criminal Justice · Final status: Died in committee
Subjects Crimes--Against Persons--General
Criminal Procedure--General
Text The text as introduced · 223 words
89R10654 JCG-F
By: Virdell
H.B. No. 2458
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for the offense of aggravated
assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.02, Penal Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) It is a defense to prosecution under Subsection (a)(2)
that the actor threatened to cause death or serious bodily injury by
exhibiting a deadly weapon if:
(1) the actor's threat would be justified under
Chapter 9; and
(2) the actor reasonably believed that creating an
apprehension that the actor would use the deadly weapon was
immediately necessary to defend the actor against another's use or
attempted use of unlawful force or deadly force.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act 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
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2025.
Monitoring 
