Do any of the passed bills take effect immediately?

This sub-forum will open for posting on Sept. 1, 2012.

Moderators: carlson1, Charles L. Cotton

Post Reply

Zencyl
Member
Posts in topic: 1
Posts: 49
Joined: Fri Feb 01, 2013 9:50 pm
Location: Huntsville, Texas

Re: Do any of the passed bills take effect immediately?

#1

Post by Zencyl »

I think everything takes effect Sept 1.

2firfun50
Senior Member
Posts in topic: 4
Posts: 307
Joined: Tue Sep 27, 2011 12:45 pm
Location: Little Elm Tx
Contact:

Re: Do any of the passed bills take effect immediately?

#2

Post by 2firfun50 »

superchief wrote:several, if not all, of the passed bills say they take effect immediately if they pass with 2/3 vote in each house. Did any of them get this result?
I have the same question. Since by rule, all bills passing the Senate in regular session require 2/3 majority, only the house passage would be in question.

Here is the actual wording from HB3142 regarding effectivity.
SECTIONA16.AAThis Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect.............,
The bill easily passed by a 2/3 majority in each house after acceptance of the conference committee. I guess we will need to wait and see. I used this one as I have a student who is quite interested.
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18491
Joined: Sat Aug 18, 2007 3:29 pm

Re: Do any of the passed bills take effect immediately?

#3

Post by Keith B »

2firfun50 wrote:
superchief wrote:several, if not all, of the passed bills say they take effect immediately if they pass with 2/3 vote in each house. Did any of them get this result?
I have the same question. Since by rule, all bills passing the Senate in regular session require 2/3 majority, only the house passage would be in question.

Here is the actual wording from HB3142 regarding effectivity.
SECTIONA16.AAThis Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect.............,
The bill easily passed by a 2/3 majority in each house after acceptance of the conference committee. I guess we will need to wait and see. I used this one as I have a student who is quite interested.
I believe that section only applies if the bill does not have a defined effective date on it.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

2firfun50
Senior Member
Posts in topic: 4
Posts: 307
Joined: Tue Sep 27, 2011 12:45 pm
Location: Little Elm Tx
Contact:

Re: Do any of the passed bills take effect immediately?

#4

Post by 2firfun50 »

You may be correct as HB48 specifically states an effectivity of 9/1/2013. Whereas, HB3142 has the additional language stated above and continues to say if it doesn't get 2/3 it is effective on 9/1/2013. I guess we'll just have to wait and see how it is posted on TLO.

2firfun50
Senior Member
Posts in topic: 4
Posts: 307
Joined: Tue Sep 27, 2011 12:45 pm
Location: Little Elm Tx
Contact:

Re: Do any of the passed bills take effect immediately?

#5

Post by 2firfun50 »

2firfun50 wrote:You may be correct as HB48 specifically states an effectivity of 9/1/2013. Whereas, HB3142 has the additional language stated above and continues to say if it doesn't get 2/3 it is effective on 9/1/2013. I guess we'll just have to wait and see how it is posted on TLO.
To confuse the matter even further HB13 has the same language as HB3142 and became effective immediately upon signage.

From HB13
SECTIONA9.AAThis Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.

artx
Senior Member
Posts in topic: 1
Posts: 220
Joined: Sun Oct 14, 2007 8:14 pm
Location: SATX

Re: Do any of the passed bills take effect immediately?

#6

Post by artx »

2firfun50 wrote:
Since by rule, all bills passing the Senate in regular session require 2/3 majority, only the house passage would be in question.
FYI this is not always the case - a senator can vote for consideration (which regular session rules require a 2/3 vote) on a bill and then vote against it for passage (passage only requires majority). This parallels the US Senate filibuster process.

In practice, many times you will see >2/3 support on the final Senate vote because they will not take up contentious ones...but this isn't guaranteed.

srothstein
Senior Member
Posts in topic: 1
Posts: 5272
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: Do any of the passed bills take effect immediately?

#7

Post by srothstein »

Just doing a little research at the TLO site, and 3142 was passed by more than 2/3 in each house. It was sent to the governor on May 27. He has not taken any action yet. It will become effective immediately on the governor's signature, immediately upon his filing it without signature, or on June 16 (if I counted correctly) if the governor does not do anything. He could also veto it within that time frame.

On bills that contain the clause to make them effective immediately, the engrossed version of the text available at that site will contain the certification with the vote count. I think the vote on the conference committee report is the one that counts, if there was a conference committee. The actual vote will count if the two houses agreed and passed the same bill without a conference committee.

If you go to this page: http://www.legis.state.tx.us/Reports/General.aspx" onclick="window.open(this.href);return false;, you can see when a bill is effective. I think it will only be in the effective files when it has been signed or filed by the governor.
Steve Rothstein
User avatar

Crossfire
Moderator
Posts in topic: 1
Posts: 5403
Joined: Sun Jan 08, 2006 10:27 am
Location: DFW
Contact:

Re: Do any of the passed bills take effect immediately?

#8

Post by Crossfire »

Does HB 3142 affect all licenses currently issued, or only those issued or renewed after the effective date?
Texas LTC Instructor, FFL, IdentoGO Fingerprinting Partner
http://www.Crossfire-Training.com

2firfun50
Senior Member
Posts in topic: 4
Posts: 307
Joined: Tue Sep 27, 2011 12:45 pm
Location: Little Elm Tx
Contact:

Re: Do any of the passed bills take effect immediately?

#9

Post by 2firfun50 »

Crossfire wrote:Does HB 3142 affect all licenses currently issued, or only those issued or renewed after the effective date?
Since HB 3142 strikes most ,if not all requirements for handgun catagory, it would make the SA/NSA designation on all licenses moot. My big question is how to properly fill out a CHL-100. For that we'll need input from DPS.
Post Reply

Return to “2013 Texas Legislative Session”