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Re: Constitutional Hearings

Posted: Wed May 05, 2021 6:49 pm
by bblhd672
Jusme wrote: Wed May 05, 2021 6:39 pm Bill just passed the Senate!! :dance: :dance: :dance:

Just needs Abbott’s signature!
Someone on that other forum said the bill has to go committee to reconcile differences between House and Senate versions.

Re: Constitutional Hearings

Posted: Wed May 05, 2021 11:53 pm
by srothstein
The bill passed the Senate with several amendments. Now it goes back to the house to see if those are acceptable. If the house concurs now, then it goes to the governor. If the house doesn't concur, the bill goes to a conference committee to work out the difference, then to both houses for approval of the final version. If approved by both it goes to the governor.

So this was a good step, but the bill is still some way from becoming a law. The good news is that Abbott has promised to sign it if it does get to him.

Re: Constitutional Hearings

Posted: Thu May 06, 2021 1:58 am
by Flightmare
srothstein wrote: Wed May 05, 2021 11:53 pm The bill passed the Senate with several amendments. Now it goes back to the house to see if those are acceptable. If the house concurs now, then it goes to the governor. If the house doesn't concur, the bill goes to a conference committee to work out the difference, then to both houses for approval of the final version. If approved by both it goes to the governor.

So this was a good step, but the bill is still some way from becoming a law. The good news is that Abbott has promised to sign it if it does get to him.
Part of the problem is some of the amendments have nothing to do with permitless carry. As a result, it MAY cause the bill to suffer a point of order in the house as not being germane. If so, it could potentially kill the legislation due to house rules. Hopefully this can be resolved.

Re: Constitutional Hearings

Posted: Thu May 06, 2021 5:56 am
by Jusme
Flightmare wrote: Thu May 06, 2021 1:58 am
srothstein wrote: Wed May 05, 2021 11:53 pm The bill passed the Senate with several amendments. Now it goes back to the house to see if those are acceptable. If the house concurs now, then it goes to the governor. If the house doesn't concur, the bill goes to a conference committee to work out the difference, then to both houses for approval of the final version. If approved by both it goes to the governor.

So this was a good step, but the bill is still some way from becoming a law. The good news is that Abbott has promised to sign it if it does get to him.
Part of the problem is some of the amendments have nothing to do with permitless carry. As a result, it MAY cause the bill to suffer a point of order in the house as not being germane. If so, it could potentially kill the legislation due to house rules. Hopefully this can be resolved.

I missed some of the debate, but I did hear several non-germane amendments voted down. What amendments were added? I know the bill's author removed a couple of things, that were already covered under existing law.

Re: Constitutional Hearings

Posted: Thu May 06, 2021 11:25 am
by Flightmare
Jusme wrote: Thu May 06, 2021 5:56 am
Flightmare wrote: Thu May 06, 2021 1:58 am
srothstein wrote: Wed May 05, 2021 11:53 pm The bill passed the Senate with several amendments. Now it goes back to the house to see if those are acceptable. If the house concurs now, then it goes to the governor. If the house doesn't concur, the bill goes to a conference committee to work out the difference, then to both houses for approval of the final version. If approved by both it goes to the governor.

So this was a good step, but the bill is still some way from becoming a law. The good news is that Abbott has promised to sign it if it does get to him.
Part of the problem is some of the amendments have nothing to do with permitless carry. As a result, it MAY cause the bill to suffer a point of order in the house as not being germane. If so, it could potentially kill the legislation due to house rules. Hopefully this can be resolved.

I missed some of the debate, but I did hear several non-germane amendments voted down. What amendments were added? I know the bill's author removed a couple of things, that were already covered under existing law.
https://capitol.texas.gov/BillLookup/Am ... ill=HB1927

Re: Constitutional Hearings

Posted: Thu May 06, 2021 2:10 pm
by Jusme
Flightmare wrote: Thu May 06, 2021 11:25 am
Jusme wrote: Thu May 06, 2021 5:56 am
Flightmare wrote: Thu May 06, 2021 1:58 am

Part of the problem is some of the amendments have nothing to do with permitless carry. As a result, it MAY cause the bill to suffer a point of order in the house as not being germane. If so, it could potentially kill the legislation due to house rules. Hopefully this can be resolved.

I missed some of the debate, but I did hear several non-germane amendments voted down. What amendments were added? I know the bill's author removed a couple of things, that were already covered under existing law.
https://capitol.texas.gov/BillLookup/Am ... ill=HB1927

Doh!!!
I guess I could have gone on the site and looked myself, I seem to live there now.
Thanks Flightmare.
So far I don't see a whole lot that should be an issue, I'll delve further after I get off work.

Re: Constitutional Hearings

Posted: Thu May 06, 2021 4:41 pm
by Russell
I'm kind of confused on the status of this bill as far as signage goes. Will there be a new sign type like the previous constitutional carry bill had? (30.08).

Re: Constitutional Hearings

Posted: Thu May 06, 2021 5:27 pm
by Flightmare
Russell wrote: Thu May 06, 2021 4:41 pm I'm kind of confused on the status of this bill as far as signage goes. Will there be a new sign type like the previous constitutional carry bill had? (30.08).
Amendment 13 offered by Schwertner that was approved.

https://capitol.texas.gov/tlodocs/87R/a ... 7S2F13.HTM
Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.


The way I read it, they would create a new sign that says "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm" or something similar.

Re: Constitutional Hearings

Posted: Thu May 06, 2021 11:28 pm
by srothstein
Flightmare wrote: Thu May 06, 2021 5:27 pm
Russell wrote: Thu May 06, 2021 4:41 pm I'm kind of confused on the status of this bill as far as signage goes. Will there be a new sign type like the previous constitutional carry bill had? (30.08).
Amendment 13 offered by Schwertner that was approved.

https://capitol.texas.gov/tlodocs/87R/a ... 7S2F13.HTM
Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.


The way I read it, they would create a new sign that says "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm" or something similar.
The way I read it, they can leave 30.06 or 30.07 signs up but they only apply to the specific people already covered by it, if even that. Just because you have an LTC does not mean you are carrying under its authority. So the new 30.05 sign applies to everyone (except peace officers), licensed or not, and carrying openly or concealed.

Re: Constitutional Hearings

Posted: Thu May 06, 2021 11:52 pm
by KBCraig
bblhd672 wrote: Wed May 05, 2021 6:49 pm Someone on that other forum said the bill has to go committee to reconcile differences between House and Senate versions.
*sigh*

The Senate is where good bills go to die.

Rarely, bad bills that escape the house get killed there as well, so it's a trade.

I subscribed to the idea that the slower government can act, the better.

"The Texas legislature meets for 140 days every two years, and it's a shame it's not the other way around."

The problem is constraining the executive branch.