HB 5139

Less-lethal force defense covers officers and correctional guards

Did not pass

Verdict: No flags

No flagsReviewed

Rep. Ryan GuillenRHouse 31

Editor's call: No flags. On Nov 1, 2026 the editor checked this charge against the bill's caption and removed it.

Corrected Nov 1, 2026

Corrected Nov 1, 2026 · We checked this summary against the bill text and fixed it.

Reviewed · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to less-lethal force weapons, including a defense to prosecution for certain offenses involving the use of a less- lethal force weapon by a peace officer.

Caption from analyzed text · version I.

Summary

Existing force rules must permit the use, which must substantially follow training.

The bill adds a new section to the Penal Code saying a peace officer or a correctional facility guard is justified in using a less-lethal weapon, such as a projectile launcher, chemical spray, striking device, or stun gun, to the degree reasonably necessary to do the job. It touches police officers, jail and prison guards, and anyone those officers or guards use such weapons on. The justification only applies if the officer was already justified in using force under existing Penal Code Chapter 9 and used the weapon in substantial compliance with training, so it mostly restates existing justification with an added training test.

Receipt

The receipt

89R-HB5139 · 2025-03-13

SOLD BY

Rep. Ryan GuillenRHouse 31

ITEM

relating to less-lethal force weapons, including a defense to prosecution for certain offenses involving the use of a less- lethal force weapon by a peace officer.

WHAT IT DOES

Existing force rules must permit the use, which must substantially follow training.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 5, 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

Mar 13, 2025Filed
Apr 7, 2025Read first time
Apr 7, 2025Referred to Homeland Security, Public Safety & Veterans' Affairs
Apr 23, 2025Scheduled for public hearing on . . .
Apr 23, 2025Considered in public hearing
Apr 23, 2025Committee substitute considered in committee
Apr 23, 2025Testimony taken/registration(s) recorded in committee
Apr 23, 2025Left pending in committee
Apr 30, 2025Considered in public hearing
Apr 30, 2025Committee substitute considered in committee
Apr 30, 2025Reported favorably as substituted
May 5, 2025Comte report filed with Committee Coordinator
May 5, 2025Committee report distributed
May 5, 2025Committee report sent to Calendars

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Ryan Guillen

Donors

Frontera Texas PAC$160K Texas Sands PAC$121K Associated Republicans of Texas Campaign Fund$23K

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 · Jul 1, 2024 to Oct 24, 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.

Frontera Texas PAC$160,007.97

Frontera Texas PAC

$160,007.97

Cash: $0.00
Paid by others: $160,007.97
Total: $160,007.97

Other filed descriptions $73,500.00mail $40,000.00mailing $19,429.94texting $18,144.37digital $8,211.55printing $722.11

Also funds 3 other sitting lawmakers.

Derived recipient stock · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Dec 30, 2025 to Oct 24, 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: 101033369, 101062168, 101070155, 101073001.

Texas Sands PAC$120,875.00

Texas Sands PAC

$120,875.00

Cash: $113,500.00
Paid by others: $7,375.00
Total: $120,875.00

polling $7,375.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 14, 2024 to Sep 25, 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: 100989191, 101033369, 101062168, 101073001.

Associated Republicans of Texas Campaign Fund$22,795.90

Associated Republicans of Texas Campaign Fund

$22,795.90

Cash: $0.00
Paid by others: $22,795.90
Total: $22,795.90

polling $15,000.00Other filed descriptions $7,352.14texting $443.76

Also funds 20 other sitting lawmakers.

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

TEC account match.

Team

Sources

Derived itemized flow · Dec 15, 2025 to Sep 10, 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: 101033369, 101070155.

Money

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

Frontera Texas PAC

$160,007.97

Cash: $0.00
Paid by others: $160,007.97
Total: $160,007.97

Other filed descriptions $73,500.00mail $40,000.00mailing $19,429.94texting $18,144.37digital $8,211.55printing $722.11

Also funds 3 other sitting lawmakers.

Derived recipient stock · Nov 5, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Dec 30, 2025 to Oct 24, 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: 101033369, 101062168, 101070155, 101073001.

Texas Sands PAC

$120,875.00

Cash: $113,500.00
Paid by others: $7,375.00
Total: $120,875.00

polling $7,375.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 14, 2024 to Sep 25, 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: 100989191, 101033369, 101062168, 101073001.

Associated Republicans of Texas Campaign Fund

$22,795.90

Cash: $0.00
Paid by others: $22,795.90
Total: $22,795.90

polling $15,000.00Other filed descriptions $7,352.14texting $443.76

Also funds 20 other sitting lawmakers.

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

TEC account match.

Team

Sources

Derived itemized flow · Dec 15, 2025 to Sep 10, 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: 101033369, 101070155.

Votes

No floor vote loaded for this bill.

Witnesses22

For: 16
Against: 6
On: 0

Names

For

Austin Police Association1 registration
Axon, The Department of Public Safety Officer's Association1 registration
Combined Law Enforcement Associations of Texas (CLEAT)1 registration
Combined Law Enforcement Associations of Texas - CLEAT1 registration
Dallas Police Department1 registration
Game Warden Peace Officers Association1 registration
Harris County Deputies’ Organization FOP Lodge 391 registration
Houston Police Department1 registration
San Antonio Police officers Association1 registration
SAPOA1 registration
Self1 registration
Self; Game Warden Peace Officers Association1 registration
Self; Harris County Sheriff’s Office1 registration
Self; Houston Police Officers’ Union1 registration
Texas Police Chiefs Association1 registration
TMPA1 registration

Against

ACLU of Texas1 registration
Dallas County Criminal District Attorney - John Creuzot1 registration
Self1 registration
Self; Equity Action1 registration
Texas Civil Rights Project1 registration
Travis County District Attorney’s Office1 registration

Sources

22 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 H · source

Sources

Fiscal note · version H · May 5, 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 Mar 13, 2025

05/05/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Nov 1, 2026 at 6:27 PM CST. Grades, charges, quotes and corrections follow the published record.

House committee · Homeland Security, Public Safety & Veterans' Affairs · Committee vote 9 aye, 1 nay, 1 absent · Out of committee

Companion

SB 2570 by Flores (similar)

Subjects

Corrections--Jails & Prisons

Criminal Procedure--General

Weapons

PEACE OFFICERS

Text

The text as introduced · 347 words

By: Guillen
H.B. No. 5139

A BILL TO BE ENTITLED

AN ACT

relating to less-lethal force weapons, including a defense to

prosecution for certain offenses involving the use of a less-

lethal force weapon by a peace officer.

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

SECTION 1. Chapter 9, Penal Code, is amended by adding

Section 9.55 to read as follows:

SEC. 9.55. DEFENSE INVOLVING USE OF A LESS-LETHAL FORCE

WEAPON (a) In this section, "less-lethal force weapon" means:

(1) any weapon, device, or munition that is designed,

made, or adapted to expel a projectile or multiple projectiles

against a target to temporarily incapacitate the target while

minimizing the risk of serious bodily injury or death;

(2) a chemical dispensing device;

(3) a device used to strike a person; or

(4) a "stun gun" as defined by Texas Penal Code Section

38.14.

(b) A guard employed by a correctional facility or a peace

officer is justified in using force with a less-lethal force weapon

against another to the degree reasonably necessary to accomplish

the officer’s duties if:

(1) the officer was justified in using force under

Texas Penal Code Chapter 9; and

(2) the officer’s use of the less-lethal force weapon

was in substantial compliance with the officer’s training.

SECTION 2. The changes made by this Act apply 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 law in effect on the date that offense was committed, and the

former law is continued in effect for that purpose. For the purposes

of this Act, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.