Mar 182009
 

The 81st session of the Texas Legislature is under way at the Capitol here in Austin. And it’s going to be an exceptionally busy session too.

On the House side, a total of 4697 bills were filed, up 18% from the 2007 session, in which 3,977 made it to the clerk’s office (via Elise Hu). On the Senate side, Senators filed 2,447 bills, up 26% from last session’s 1,944.

That’s a grand total of 7,144, bills for a combined chamber increase of 21%.

The Bill That’s Missing

With all of those bill filed, I’m more than disappointed that one of them isn’t the already-authored Licensed Open Carry bill. The current drafted bill by Representative Debbie Riddle (R) couldn’t find a single member to introduce it. Not even Rep. Riddle.

This bill would give Texans who posses a valid Concealed Handgun License to open carry. For whatever reason, our state lawmakers do not want to give Texans the opportunity to voice their opinions and vote on this law — a right, by the way, that is allowed in some form or another in 44 states.

Second Amendment-related Bills

A number of handgun-related bills were filed by the 81st Texas Legislature, though. Many of them are aimed at expanding the too-narrow rights spelled out in the second amendment.

The second amendment-related bills that I’m tracking (there are many more not listed here) this session are:

Allowing Guns on Campus

SB 1164 and HB 1893 Relating to the carrying of concealed handguns on the campuses of institutions of higher education — These bills would allow those with a valid concealed handgun license to carry their concealed handguns while on state colleges and universities. Gun free zones, which campuses are now, are gun free zones only for law abiding citizens.

Gunmen at Columbine and Virginia Tech clearly illustrate the need for students and faculty to be able to defend themselves and their fellow students from life-threatening situations.

Status:

SB 1164 Senator Seliger was assigned as Co-author of the bill. Has not been referred to a committee.

HB 1893 has been referred to the Public Safety Committee, chaired by Rep. Tommy Merritt (R).

What to do with Your Gun While You’re at Work

HB 1301 and SB 730Relating to an employee’s transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee’s employer — currently, employers can prohibit Texans from keeping their guns locked up in their cars while they are at work.

Under current Texas law, it’s legal to transport a concealed weapon in your vehicle. (via Grits for Breakfast) “If the gun is legal, you’re not a crook, you’re driving your own car, and if the gun is stowed (i.e., you’re not driving around with it laying on the passenger seat like an idiot), then you can carry a gun in your car when you’re driving.”

However, under current Texas law, your company or business could prohibit you from keeping your gun locked up in your car. Which created a dilemma for those with a concealed handgun license — what to do with you handgun when you got to the office?

Status:

SB 730 was considered in a public hearing om March 18 in the Criminal Justice Committee. I’ll call Sen. John Whitmire’s (D) office tomorrow to find out how the hearing went (Whitmire is the chairman of the Criminal Justice Committee).

(UPDATE – March 25) — SB 730 was passed unanimously by the Texas Senate. Next, on to the House for Consideration.

(UPDATE II — March 31) — The bill was read for the first time in the House and has been referred to the Public Safety Committee.

HB 1301 is scheduled for public hearing on March 23.

Perpetual Handgun License

HB 3777Relating to a perpetual license to carry a concealed handgun — This bill would create a new class of concealed handgun license. A perpetual license issued in accordance with the procedure established under this bill does not expire and is not subject to renewal. The fee for a a renewable license is $140 or $300 for a perpetual license.

I think a lot of gun owners will opt for the perpetual license, if for no other reason than having to deal with the hassle of renewing their license.

Status: Has not been referred to a committee.

Concealed Carry for the Disabled

HB 3684Relating to the carrying of a handgun by a disabled person — This bill provides for a designation on the concealed handgun license of a person with a disability authorizing the person to carry a handgun without having to conceal the handgun if the person’s disability prevents the person from effectively concealing the handgun.

If this passes, at least someone in Texas would be allowed to Open Carry…

Status: Referred to the Public Safety Committee on 3-19-09.

Tax Free Guns and Ammo

SB 1788Relating to an exemption from the sales tax on handguns, rifles, shotguns, and ammunition —This bill exempts the sale of a handgun, a rifle, a shotgun, or ammunition for a handgun, rifle, or shotgun from sales tax if the sale takes place during a period beginning at 12:01 a.m. on the Friday preceding the second to last Monday in August and ending at 11:59 p.m. on the second to last Sunday in August.

The only thing better than a shiny new gun? A tax-free shiny new gun.

Status: Referred to the Finance Committee on 3-10-09

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If you support any of these bills, all of which expand second amendment rights and get us closer to “shall not infringe”, please contact your state senator and representative and ask them to support these bills.

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  7 Responses to “Second Amendment Bills in the Texas 81st Legislature”

  1. I’ve been tracking some of these as well, such as my response to the open carry situation.

    And I don’t know where in Austin you are and thus who your State Representative is, but mine is Valinda Bolton and you’ll love her take on HB 1893.

    • Thanks for the links. I’m over in West Austin, where, unfortunately, my rep. is Donna Howard. According the NRA, Donna Howard is an “unknown”, as she did not return their questionnaire. However, she is presumably hostile to Second Amendment issues. Think I’ll start bombarding her office with phone calls and emails.

  2. Just ask her straight up for her take on the issue. It’s what I had to do with Valinda Bolton. While I don’t like Bolton’s stance on things, I at least respect her willingness to answer questions.

    Or you can wait and see how Rep. Howard votes on all the bills currently in the House. That will be more telling. Either way tho, yes, hit up her office and let her know what you think.

  3. Lots of good info, Robbie.
    On SB 1788, that is way cool, and almost coincides with National Exercise Your Rights Day.

  4. I am 61 yrs.old disabled and have worked with law enforcement and was a Lic Jailer but only did volunteer work, never for pay. I was called in on 9/11 and worked weekend evenings and all night,3 nights a week for almost 3 years after that. I have been a CASA and have somewhere around 950 continuing ed hrs. with TECLOSE, to include use of Force, use of deadly force, flying armed,Domestic violence, high threat prisoner transport to name a few.

    I have a power chair and often times on Saturdays when we go to our grandsons (8yr.old) soccer and basketball games I end up having to lock my weapon in the trunk,others can see me sometimes and wonder why I have it on the school premises. Our older car is high on the stolen car list……where is the weapon safer? On a fixed income I cannot afford a new car.

    After the games we may spend time going to Doctors offices, shopping, eating out,etc. Do I just leave it in the trunk or exchange it yet again. Leaving it in the trunk nullifies the reason I got a permit in the first place, my safety and that of my family and third parties.

    I never feel completely confident about my weapon unless it is in a safe at home or in my holster. I am tired of explaining to others who may see that I have a weapon while transfering it from holster to body. Because of my power chair or walker and as much as do try to keep it concealed others often figure out what I’m doing. What if its a badguy who me transfering it? He may try to get my car just for the weapon. The bad guys are going to take theirs in anyhow….How many background checks has he had and passed.
    Each year I call Austin and get a couple of new CCH handbooks so I can stay up with current laws.

    I would encourage you to pass HB’s 3684, 1164 and 119

    One other thing, with the price of ammunition getting so high those of us who are disabled and on fixed incomes can hardly afford to practice. We all know the reasons behind higher cost of ammo. Even Police officers who have to buy their own to practice with cannot afford it. A lot of departments don’t furnish practice ammo. THAT IS UNSAFE. If we carry a weapon, we need to be able to buy ammo at a reasonabe cost.

    Thanks for the space, lets all contact congressmen and women.

    left by one 4 the good guys on March 21.2009

  5. FYI: The Supreme Court of Texas has NOT incorporated the 2nd Amendment to the restrictions of a state.

    The 2nd Amendment only restricts the US from making too broad or arbitrary and capricious laws.

    If you want it to be applied to the states, you need to convince the Supreme Court to incorporate it to the states. We use selective incorporation.

    If you talk about Texas and guns, USE the Texas Constitution and the NOT the US Constitution. Article 1 is the Texas Bill of Rights. Section 23 is the amendment that states the right to bare and keep arms. Article 1, Section 23 states “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”

  6. How many bills were introduced in the Regular Session of the 81st Legislature?

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