Texas Bill Stops Tracking Foster Parents’ Guns

Texas just drew a bright line around the privacy rights of foster families. House Bill 1403 – now law and effective September 1, 2025 – bars state agencies and child-placing organizations from collecting detailed lists of firearms in agency foster homes. The measure, described in the enrolled bill caption as “relating to the collection and confidentiality of information regarding firearms in agency foster homes,” aims to prevent list-building and restrict how any gun information can be used. 

Gun rights YouTubers The Armed Attorneys, Richard Hayes and Leslie Cross, say the change ends what looked and felt like a registry effort through the foster system and restores parity with how other Texas families are treated.

What HB 1403 Says, Plainly

According to the text of HB 1403, the Texas Human Resources Code §42.042 now includes new subsections (e-6) through (e-9). Under (e-6), the Health and Human Services Commission, the Department of Family and Protective Services, and any child-placing agency that contracts with the department may not require an agency foster home to disclose the specific types of weapons, including firearms, present in the home, and cannot require notice if those types change later. This is the heart of the bill: no detailed inventories, no rolling updates.

Effective Date, Sponsors, and Vote Totals

Per the bill page, HB 1403 (89th Legislature, Regular Session) was authored by Rep. Harris with Manuel and Spiller, coauthored by Hickland, Isaac, Lowe, Olcott, Shofner, and Wilson; sponsored by Sen. Middleton with cosponsors Sens. Hinojosa (Adam) and Kolkhorst. The caption version is Enrolled, with the last action listed as Effective on 9/1/25. Committee votes were 8–3 (Ayes–Nays) out of House Human Services and 6–3 out of Senate Health & Human Services. The bill sits at the intersection of civil remedies, child protection, weapons, and foster care – exactly where the old practice of list-building created friction, according to the Armed Attorneys’ discussion.

No Lists, No Updates, No Fishing Expeditions

The new (e-6) language means agencies cannot demand model lists, caliber lists, or other “types of weapons” data from foster parents and cannot order updates every time a household adds, sells, or swaps a firearm. As Hayes and Cross explained, that practice made foster parents feel singled out: “The government doesn’t get to know what firearms you have simply because you have a child… but then for some reason if you are having a foster care child, now they get to know.” HB 1403 eliminates that double standard.

Narrow Use Only – Presence, Not Details

If an agency already has or obtains information about weapon types in a foster home, (e-7) sharply limits use: it may not be used for any purpose other than determining whether weapons are present. That’s it – presence versus absence, not a catalogue. In their video, Hayes and Cross emphasize this distinction: agencies can still ask whether firearms are present and can still require locked storage, but they cannot repurpose any “types” info for broader tracking or policy goals. This is designed to stop the drift from safety checks into database building.

Civil Penalties With Teeth – But a Question Mark

Under (e-8), a child-placing agency that misuses weapon-type information faces a civil penalty up to $5,000 per violation, and the Attorney General may bring an action to recover it. The Armed Attorneys flagged the enforcement verb – “may,” not “shall.” As Hayes put it, there is a remedy, but it relies on the Attorney General’s willingness to file the case: “Is it strong enough? I don’t know.” Still, the per-violation structure can add up quickly if an agency repeatedly misuses the data.

Confidential – And Off-Limits to Public Disclosure

(e-9) closes the loop on privacy by declaring that information about types of weapons present in an agency foster home is confidential and not subject to disclosure under the Texas Public Information Act (Chapter 552, Government Code). Cross underscored why that matters: gun owner lists, when compiled, sometimes leak or are exposed – turning a “safety” record into a public map of private households. HB 1403 blocks that exposure pathway by default.

Armed Attorneys’ Take: End the “Registry by Another Name”

Throughout their analysis, Richard Hayes and Leslie Cross argue HB 1403 stops the foster system from becoming a shadow registry. They note that Texas already criminalizes making a firearm accessible to a minor, and that most Texas parents are not asked for gun lists when they bring a newborn home. Foster parents, they say, were being asked to give up more privacy than everyone else – despite passing background checks and meeting higher oversight standards. This law “reins in” that practice and keeps the focus on storage and presence, not catalogs.

Safe Storage Still Required – and Consequences Still Apply

The Armed Attorneys stress a key point many might miss: safe storage remains essential and enforceable. Agencies can require firearms to be locked and inaccessible to children. Texas law already penalizes making a readily dischargeable firearm accessible to a child under 17. As Hayes and Cross explain, if no one is hurt, it’s a Class C (akin to a traffic ticket); if someone is injured, it can rise to a Class A misdemeanor. HB 1403 does not change those stakes. It changes how information is gathered and used – not the duty to store responsibly.

Building on 2021 Fixes for Foster Families

Hayes and Cross also connect HB 1403 to prior reforms: since 2021, Texas has allowed foster families to store firearms and ammunition together so long as they are secured in a locked location. That addressed a pain point where older rules demanded split storage that complicated home protection without clear safety benefits. HB 1403, they argue, is the next step – closing the data-collection loop so fosters aren’t punished for being “gun people” or asked to surrender details beyond what safety requires.

Privacy and Safety Can Coexist

My read of HB 1403 is that it finally aligns policy with practice. Agencies still get what they need for safety: confirmation that firearms, if present, are locked and out of reach. Families keep what they deserve: privacy over the kinds of lawful property they own. That’s not a cut to safety; it’s a cut to mission creep. If the state’s goal is preventing child access, the lock is what matters – not whether mom owns a bolt-action, a shotgun, or a pistol from a specific manufacturer.

The AG “May” vs. “Shall” Problem

The one soft spot is enforcement. A penalty that depends on an Attorney General’s discretion could mean uneven application across administrations. A simple improvement – requiring agencies to log and self-report violations to an independent reviewer, or directing the AG to “shall investigate” credible complaints – would close that gap. Even so, a $5,000 per-violation risk, plus reputational harm, is a real deterrent. And because the information is confidential by statute, the incentive to collect it at all just evaporates.

How Agencies Should Adjust, Right Now

Practically, HB 1403 means updating intake forms, training, and data-handling rules. Intake should ask only presence/absence. Storage checks should focus on locked and inaccessible. Any legacy records listing types should be segregated, access-limited, and used only for the presence determination. Staff should be trained on the new confidentiality rule – and the $5,000 penalty. If an agency contracts with the state, its subcontractors must meet the same compliance standard.

Could This Expand the Foster Pool?

The Armed Attorneys suggest it might. They describe would-be foster parents chilled by ideological gatekeeping – folks effectively screened out because they were gun owners. Ending detailed collection could remove that barrier. In a system that always needs more qualified families, that’s a material benefit. HB 1403 does not relax safety rules; it removes unnecessary surveillance. That shift could persuade more Texans to step up without feeling like they must trade a constitutional right for the privilege to foster.

Focus on Locks, Not Lists

HB 1403 draws a clean boundary: agencies can ensure that firearms, if present, are secured – but they cannot track what you own or demand ongoing updates. Misuse of weapon-type information risks a civil penalty, and any such information is confidential by law. As Richard Hayes and Leslie Cross put it, this is a “step in the right direction” for foster privacy and equal treatment, while leaving Texas’s access-to-a-minor penalties and storage expectations fully intact. In short: protect kids with locks, protect families with privacy – and keep both goals in the same room.