Monitoring the Session

HB 5041

state jail felony for guns without lawful presence

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Tony TinderholtRHouse 94

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 the unlawful possession of a firearm by a person not lawfully present in the United States; creating a criminal offense.

Caption from analyzed text · version I.

Summary

A new Penal Code offense for anyone here unlawfully with a firearm.

The bill adds a new state offense to the Texas Penal Code for any person who is not lawfully present in the United States and possesses a firearm. It makes that offense a state jail felony and touches every person in Texas without lawful presence who has a gun. Starting September 1, 2025, state and local prosecutors could bring this charge under Texas law instead of relying on other routes.

Labels

Labels: CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “relating to the unlawful possession of a firearm by a person not lawfully present in the United States; creating a criminal offense.”QUICK READ: 133 WORDS. The bill as filed runs 133 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).NEVER GOT A HEARING. Filed Mar 13, 2025 and referred to the House Homeland Security, Public Safety & Veterans' Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB5041 · 2025-03-13

SOLD BY

Rep. Tony TinderholtRHouse 94

ITEM

relating to the unlawful possession of a firearm by a person not lawfully present in the United States; creating a criminal offense.

WHAT IT DOES

A new Penal Code offense for anyone here unlawfully with a firearm.

The bill adds a new state offense to the Texas Penal Code for any person who is not lawfully present in the United States and possesses a firearm. It makes that offense a state jail felony and touches every person in Texas without lawful presence who has a gun. Starting September 1, 2025, state and local prosecutors could bring this charge under Texas law instead of relying on other routes.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Homeland Security, Public Safety & Veterans' Affairs
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Tony Tinderholt

Donors

Texans for Lawsuit Reform PAC$50KTexans For Conservative Leadership$35KTexans United for Conservative Majority PAC$14K

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 · Oct 28, 2024 to Jan 12, 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.

Texans for Lawsuit Reform PAC$50,000.00

Texans for Lawsuit Reform PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Oct 29, 2024. 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: 100985343.

Texans For Conservative Leadership$35,000.00

Texans For Conservative Leadership

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 5 other sitting lawmakers.

Derived recipient stock · Aug 27, 2024 to Mar 31, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Oct 28, 2024 to Oct 31, 2024. 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: 100985343.

Texans United for Conservative Majority PAC$13,812.00

Texans United for Conservative Majority PAC

$13,812.00

Cash
$0.00
Paid by others
$13,812.00
Total
$13,812.00
polling $13,812.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Oct 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Oct 28, 2024. 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: 100985343.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Oct 29, 2024. 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: 100985343.

×

Texans For Conservative Leadership

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 5 other sitting lawmakers.

Derived recipient stock · Aug 27, 2024 to Mar 31, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Oct 28, 2024 to Oct 31, 2024. 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: 100985343.

×

Texans United for Conservative Majority PAC

$13,812.00

Cash
$0.00
Paid by others
$13,812.00
Total
$13,812.00
polling $13,812.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Oct 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Oct 28, 2024. 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: 100985343.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

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 Mar 13, 2025

04/03/2025 H Referred to Homeland Security, Public Safety & Veterans' Affairs: Apr 3 2025 12:38PM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Homeland Security, Public Safety & Veterans' Affairs · Final status: Died in committee

Companion

SB 1900 by Huffman (similar)

Subjects

Aliens

Crimes--Miscellaneous

Criminal Procedure--Sentencing & Punishment

Weapons

Text

The text as introduced · 133 words

89R8636 EAS-D

By: Tinderholt
H.B. No. 5041

A BILL TO BE ENTITLED

AN ACT

relating to the unlawful possession of a firearm by a person not

lawfully present in the United States; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.04, Penal Code, is amended by adding

Subsection (a-2) and amending Subsection (e) to read as follows:

(a-2) A person commits an offense if the person is not

lawfully present in the United States and possesses a firearm.

(e) An offense under Subsection (a) is a felony of the third

degree. An offense under Subsection (a-2) is a state jail felony.

An offense under Subsection (a-1), (b), or (c) is a Class A

misdemeanor.

SECTION 2. This Act takes effect September 1, 2025.