HB2535 - Churches & Armed Volunteers

[Charles L. Cotton]

Unfortunately, one of the most important bills filed this session is not getting the attention and support is deserves. Millions of Texans go to church on Sundays and many are involved in church activities on other days. The vast majority of churches are relatively small and without large financial support, so hiring off-duty police officers or security guards is not financially feasible. Very few churches prohibit members from carrying handguns and many encourage CHLs to wear their self-defense handguns. With many churches, these people are the only thing standing between a would-be mass murderer, or enraged former spouse or boyfriend/girlfriend and the congregation. While it is perfectly legal for CHLs to have their handguns in church, and it is legal for them to use deadly force in self-defense (TPC §9.32) or in defense of 3rd persons (TPC §9.33) these CHLs run the very real risk of violating Texas law (Class A Misdemeanor) if they do anything that would bring them within the Tex. Occupations Code definition of providing "security." Even coordinating with another Church member about where to sit, or who will be sitting close to the pastor could (I argue does) bring one within the scope of Chp. 1702 of the Occupations Code.

HB2535 was heard in committee yesterday and Rep. Schaefer did a great job of explaining why this critical legislation is necessary. He was followed by a representative of the security industry who gave little factual and accurate testimony, opting instead to be vague and grossly misleading when he stated that HB2535 was unnecessary because people can already carry their guns in church. Of course they can; that's not the issue! The issue is being prosecuted because you coordinated with another church member even to the slightest degree.

Rep. Schaefer had one witness to testify in support of HB2535 and the members of the committee asked some great questions. My fear is that some believe the industry's representative's testimony that armed CHL's can already do legally that which HB2535 addresses. Make no mistake about it, that's not true!

If you care about this issue, please call every member of the House Homeland Security & Public Safety Committee and ask them to support HB2535 and request an early vote on the bill. Please call Rep. Schaefer's office also to express your appreciation for filing and working this bill (512) 463-0584. All too often, we don't say thanks to people who carry bills benefiting gun owners.

Thanks,
Chas.

Edited to Add: The committee substitute for HB2535 removed the unnecessary and potentially troublesome phrase regarding written approval to carry in churches.

[Wodathunkit]

Charles, I appologize for my ignorance, but what does 2535 do? Does it repeal the class A?

[carlson1]

Thanks for the reminder. We will see if we can't give some positive attention to this bill. We need at my church as well as others.

[Charles L. Cotton]

Charles, I appologize for my ignorance, but what does 2535 do? Does it repeal the class A?

It exempts church employees, staff and members from Chp. 1702 of the Occupations Code when they serve on volunteer security teams at church. It also exempts such volunteers in schools.

Chas.

[artx]

Faxes sent! FYI I did not receive a TFC call to action on this (nor on HB3218)