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Old 03-01-2007, 20:00   #1
cwood
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Location: Austin, TX
Posts: 1,022
Important legislation filed by Rep. Carl Isett

Remember SB 501 from last Legislative Session that was supposed to clarify "traveling" in Texas? Remember how DA's (like Rosenthal in Harris County and others) across the state tried to pretend that it didn't mean anything and kept on doing what they were doing before?

Just as a reminder, SB501, which was passed and signed into law, said the for those without a CHL, having a handgun in your vehicle was not an offense if all the following conditions were in place:
1. in a private motor vehicle
2. handgun was concealed from plain view
3. not committing a criminal offense other than Class C traffic misdemeanor
4. not a person prohibited from possessing a handgun
5. not a member of a street gang.

Well, Rep. Isett, from Lubbock, is trying to solve the problem again and is hitting it straight on. Here is his new bill, HB1815 which should solve this problem once and for all. He has added an interesting addition which also gives the OK to be going directly to the vehicle. This is a good new idea.

HERE IS THE NEW WORDING
80R7219 JPL-D

By: Isett H.B. No. 1815


A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses that involve
carrying weapons on a person's property or in a person's vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle that is owned by the person
or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes
real property and a recreational vehicle that is being used as
living quarters, regardless of whether that use is temporary or
permanent. In this subsection, "recreational vehicle" means a motor
vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to
be towed by a motor vehicle. The term includes a travel trailer,
camping trailer, truck camper, motor home, and horse trailer with
living quarters.
SECTION 2. Section 46.15(b), Penal Code, as amended by
Chapters 1221 and 1261, Acts of the 75th Legislature, Regular
Session, 1997, is reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) [is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
[(3)] is traveling;
(3) [(4)] is engaging in lawful hunting, fishing, or
other sporting activity on the immediate premises where the
activity is conducted, or is en route between the premises and the
actor's residence or motor vehicle, if the weapon is a type commonly
used in the activity;
(4) [(5)] holds a security officer commission issued
by the Texas [Board of Private Investigators and] Private Security
Board [Agencies], if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(5) [(6)] is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code
[Article 4413(29ee), Revised Statutes], to carry a concealed
handgun of the same category as the handgun the person is carrying;
(6) [(7)] holds a security officer commission and a
personal protection officer authorization issued by the Texas
[Board of Private Investigators and] Private Security Board
[Agencies] and [who] is providing personal protection under Chapter
1702, Occupations Code [the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes)]; or
(7) [(8)] holds an alcoholic beverage permit or
license or is an employee of a holder of an alcoholic beverage
permit or license if the person is supervising the operation of the
permitted or licensed premises.
SECTION 3. Section 46.15(h), Penal Code, is amended to read
as follows:
(h) For the purpose of Subsection (b)(2), "premises" has the
meaning assigned by Section 46.02(a-2) [includes a recreational
vehicle that is being used by the person carrying the handgun,
illegal knife, or club as living quarters, regardless of whether
that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary
living quarters and is designed to be towed by a motor vehicle. The
term includes a travel trailer, camping trailer, truck camper,
motor home, and horse trailer with living quarters].
SECTION 4. 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 when 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 5. This Act takes effect September 1, 2007.
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Old 03-01-2007, 22:12   #2
Matthew26
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Good news. Now, about getting open carry legislation...
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Old 03-01-2007, 22:59   #3
cwood
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Won't happen anytime soon

Before the last legislative session I, along with several others folks from a group who met at packing.org had the pleasure of meeting with Rep. Suzanna Hupp. We had about an hour to talk on a wide range of issues. We discussed various things and the likelihood of them being adopted.

She had no problem, personally, with open carry and said that she would have been willing to introduce it if there were a chance of serious consideration. She had good instincts about where the members were regarding these issues. She felt that there was literally NO CHANCE at that time of getting something like that through in the foreseeable future. Her concern was that trying to force it would break up a broad working coalition of 'pro gun' legislators and cause damage to our cause without accomplishing the goal. It realy made sense.

Another item that won't be going away anytime soon is the school restictions. She thought that restrictions on college level carrying MIGHT have a slim chance, but....maybe someday.

It is amazing how far we have come in 12 years with a quarter million CHL's out there and with some of the very good legislation likely to pass this year. It is going to continue to be an incremental thing.
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Old 03-02-2007, 00:46   #4
Gumbo
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Heck, I'll be thrilled if this amendment along with either of the Castle Doctrine proposals (HB 284 or SB 378)passes...not the entire buffet we'd all like but it's progress. I'm hoping and waiting...

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Old 03-02-2007, 07:41   #5
cwood
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FYI

HB284 and SB378 are companion bills. There was initial coordination between Rep. Joe Driver and Sen. Jeff Wentworth, the authors of the bills, so that the two bills would start with identical wording tosimplify passage in both houses with minimal effort to get both versions passed in Conference Committee where differences are ironed out.

As it happens, both the Senate Committee and the House Commettee have made modest changes, so there will still be a little work In the Conference Committee to get them back to identical form needed for final passage, but it is much easier if they start out identical.

I hope this helps clarify. The workings of the Legislature can be confusing and convoluted. I sure hope I figure it all out some day but I am not opptimistic (sp).

I think passage is 'almost' assured. I think HB284 has 105 sponsors or co-authors out of 134+/- members and SB378 has 28 sponsors or co-authors out of 32 members.
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