Critical legislation for 2015

Moderators: carlson1, Charles L. Cotton

What are your top four issues for the 2015 Texas Legislative Session?

1. Open-carry
171
13%
2. Repeal of all off-limits areas for Texas CHLs (excluding federal laws) [HB3218 in 2013];
354
26%
3. Exclude church volunteer security teams and team members from the Occupations Code §1702 [HB2535 in 2013];
102
8%
4. Put teeth in the Employer parking lot bill by creating a cause of action for aggrieved employees;
131
10%
5. Create a substantial civil penalty for governmental agencies and political subdivisions that post unenforceable 30.06 signs [HB508 in 2013];
216
16%
6. Remove the fingerprint requirement for new and renewed CHLs;
27
2%
7. Redefine "conviction" for CHL eligibility to exclude successfully completed deferred adjudications;
57
4%
8. Amend CHL eligibility requirements such that the only disqualifying misdemeanors are violent offenses;
77
6%
9. Repeal TPC §42.01(a)(8) make it unlawful to display a firearm or other deadly weapon in a public place in a manner calculated to cause alarm.
150
11%
10. Other
51
4%
 
Total votes: 1336


Cedar Park Dad
Banned
Posts in topic: 5
Posts: 2064
Joined: Tue Jun 11, 2013 7:19 am
Location: Cedar Park Texas

Re: Critical legislation for 2015

#151

Post by Cedar Park Dad »

SA-TX wrote:
Cedar Park Dad wrote:
Beiruty wrote:So, let us see when all our CC rights are given to us, what do we fight for? OC? if so, we are just delaying the issue. I say let us have OC for CHLers and it is win-win for all. to OC you go through the same screening and training like a CHLer. OC would be choice to have.
If its an OC for CHLers that means a 30.06 sign covers it. I'd expect within two years CHLs will be almost irrelevant with all the signage.
Perhaps it I just my little neck of the woods but I haven't seen any new binding 30.06 signs. I'll agree that the LGOCers have raised awareness and that has almost certainly led to some but I suspect "almost irrelevant" may be a touch of hyperbole. :mrgreen: Many 30.06 signs came down when CHLers told them "no gun = no $", and that can happen again.

I'll also note that if the lack of handgun OC is the cause of the LG OC stunts, one would think that providing licensed OC would deflate that preverbal balloon. My prediction has always been that OC will be accompanied by a few news stories immediately after the law takes effect but very quickly fades. As Charles noted, OCers will be nearly as rare as unicorns.

SA-TX
When did signs go down due to CHL protest. Do you have actual examples of such?

Cedar Park Dad
Banned
Posts in topic: 5
Posts: 2064
Joined: Tue Jun 11, 2013 7:19 am
Location: Cedar Park Texas

Re: Critical legislation for 2015

#152

Post by Cedar Park Dad »

So current law is an excuse for counter-productive conduct? I can't imagine that more than a handful of rational people buy that argument. That argument is essentially, "I'll continue act irresponsible and counter-productively unless you give me what I want." What a childish attitude.
Indeed. I'd think a bigger push would be to ban OC of long guns as well as handguns. Have you seen any noise about that Charles?

gljjt
Senior Member
Posts in topic: 10
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Critical legislation for 2015

#153

Post by gljjt »

How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 37
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Critical legislation for 2015

#154

Post by Charles L. Cotton »

gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 37
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Critical legislation for 2015

#155

Post by Charles L. Cotton »

Cedar Park Dad wrote:
So current law is an excuse for counter-productive conduct? I can't imagine that more than a handful of rational people buy that argument. That argument is essentially, "I'll continue act irresponsible and counter-productively unless you give me what I want." What a childish attitude.
Indeed. I'd think a bigger push would be to ban OC of long guns as well as handguns. Have you seen any noise about that Charles?
Austin "chatter" indicates there will be an effort to either ban open-carry of long guns, or to limit people to carrying long guns unloaded and fully cased.

Chas.

gljjt
Senior Member
Posts in topic: 10
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Critical legislation for 2015

#156

Post by gljjt »

Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.
Got it, thanks!
User avatar

mojo84
Senior Member
Posts in topic: 13
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Critical legislation for 2015

#157

Post by mojo84 »

Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

gljjt
Senior Member
Posts in topic: 10
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Critical legislation for 2015

#158

Post by gljjt »

mojo84 wrote:
Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
Even if the penalty is reduced it is still effective. 1. There is a cost to breaking the law. 2. If a penalty is being assessed, clearly the sign is not enforceable. No need to be intimidated. Walk right past.
User avatar

mojo84
Senior Member
Posts in topic: 13
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Critical legislation for 2015

#159

Post by mojo84 »

gljjt wrote:
mojo84 wrote:
Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
Even if the penalty is reduced it is still effective. 1. There is a cost to breaking the law. 2. If a penalty is being assessed, clearly the sign is not enforceable. No need to be intimidated. Walk right past.
I understand all of that. I am asking if the amount of the penalty will impede the passing of the legislation. Do you have an answer for the question I asked asked Charles?
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

gljjt
Senior Member
Posts in topic: 10
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Critical legislation for 2015

#160

Post by gljjt »

mojo84 wrote:
gljjt wrote:
mojo84 wrote:
Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
Even if the penalty is reduced it is still effective. 1. There is a cost to breaking the law. 2. If a penalty is being assessed, clearly the sign is not enforceable. No need to be intimidated. Walk right past.
I understand all of that. I am asking if the amount of the penalty will impede the passing of the legislation. Do you have an answer for the question I asked asked Charles?
No I don't. My point is that even if the penalty is reduced in order to get the statute passed, the law is still effective. Even $500/day would garner attention in a negative way.
User avatar

mojo84
Senior Member
Posts in topic: 13
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Critical legislation for 2015

#161

Post by mojo84 »

gljjt wrote:
mojo84 wrote:
gljjt wrote:
mojo84 wrote:
Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
Even if the penalty is reduced it is still effective. 1. There is a cost to breaking the law. 2. If a penalty is being assessed, clearly the sign is not enforceable. No need to be intimidated. Walk right past.
I understand all of that. I am asking if the amount of the penalty will impede the passing of the legislation. Do you have an answer for the question I asked asked Charles?
No I don't. My point is that even if the penalty is reduced in order to get the statute passed, the law is still effective. Even $500/day would garner attention in a negative way.

I agree. Hopefully, the legislators won't use the amount of the fine as "justification" not to pass the legislation. Just trying to think ahead some.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

gljjt
Senior Member
Posts in topic: 10
Posts: 826
Joined: Wed May 21, 2014 9:31 pm

Re: Critical legislation for 2015

#162

Post by gljjt »

mojo84 wrote:
gljjt wrote:
mojo84 wrote:
gljjt wrote:
mojo84 wrote:
Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
Even if the penalty is reduced it is still effective. 1. There is a cost to breaking the law. 2. If a penalty is being assessed, clearly the sign is not enforceable. No need to be intimidated. Walk right past.
I understand all of that. I am asking if the amount of the penalty will impede the passing of the legislation. Do you have an answer for the question I asked asked Charles?
No I don't. My point is that even if the penalty is reduced in order to get the statute passed, the law is still effective. Even $500/day would garner attention in a negative way.

I agree. Hopefully, the legislators won't use the amount of the fine as "justification" not to pass the legislation. Just trying to think ahead some.
Same here. I'd prefer higher but would take lower over nothing. More import than $ value is getting signs removed and clearly, even to those posting the sign, negating the perceived effectiveness of the sign. I can't see arrests being made for passing a sign where fines are accrueing. Not once the law goes into effect and a few fines are levied and hands slapped.
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 37
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Critical legislation for 2015

#163

Post by Charles L. Cotton »

mojo84 wrote:
Charles L. Cotton wrote:
gljjt wrote:How would 30.06 signs handled with regards to public meetings? It seems me that an entity could just say that the sign only applies during public meetings as defined by statute, leaving it up all the time as permanent intimidation factor.
That's where a bill like HB508 last session comes in. It would create a $10,000 per day/per sign fine. It will be filed again in 2015, probably by Rep. Guillen who filed it last session.

In the scenario you suggest, the sign would only be enforceable during a governmental meeting, so every day that it is posted when no meeting is going on would be a separate violation. Even the day of the meeting would be a violation because it would not be enforceable for the entire 24 hr. period.

Chas.

Charles,
I am all for this legislation passing. However, I am curious if the legislators would be reluctant to get behind is using the excuse the penalty ($10,000) per day is excessive. While I believe penalties should be stiff, especially when people's rights are being violated, do the legislators believe the same and agree this penalty is palatable?
HB508 passed both the House and Senate last session, but the Senate added a provision that would have allowed all elected officials with a CHL to carry everywhere in the State. This amendment was unacceptable to the House and the Bill died in the House after a Conference committee report was issued.

The amount of the fine was/is not a problem.

Chas.
User avatar

mojo84
Senior Member
Posts in topic: 13
Posts: 9043
Joined: Tue Jun 21, 2011 4:07 pm
Location: Boerne, TX (Kendall County)

Re: Critical legislation for 2015

#164

Post by mojo84 »

Thanks Charles. I had forgotten about the amendment.
Note: Me sharing a link and information published by others does not constitute my endorsement, agreement, disagreement, my opinion or publishing by me. If you do not like what is contained at a link I share, take it up with the author or publisher of the content.

SA-TX
Senior Member
Posts in topic: 9
Posts: 415
Joined: Mon Jan 22, 2007 10:16 pm
Location: Ellis County now; adios Dallas!

Re: Critical legislation for 2015

#165

Post by SA-TX »

Cedar Park Dad wrote:
SA-TX wrote:
Cedar Park Dad wrote:
Beiruty wrote:So, let us see when all our CC rights are given to us, what do we fight for? OC? if so, we are just delaying the issue. I say let us have OC for CHLers and it is win-win for all. to OC you go through the same screening and training like a CHLer. OC would be choice to have.
If its an OC for CHLers that means a 30.06 sign covers it. I'd expect within two years CHLs will be almost irrelevant with all the signage.
Perhaps it I just my little neck of the woods but I haven't seen any new binding 30.06 signs. I'll agree that the LGOCers have raised awareness and that has almost certainly led to some but I suspect "almost irrelevant" may be a touch of hyperbole. :mrgreen: Many 30.06 signs came down when CHLers told them "no gun = no $", and that can happen again.

I'll also note that if the lack of handgun OC is the cause of the LG OC stunts, one would think that providing licensed OC would deflate that preverbal balloon. My prediction has always been that OC will be accompanied by a few news stories immediately after the law takes effect but very quickly fades. As Charles noted, OCers will be nearly as rare as unicorns.

SA-TX
When did signs go down due to CHL protest. Do you have actual examples of such?
Based on searches here Taco Cabana seems to be the most well-known example. Here are some other examples of signs coming down and judge for yourself if they are a result of "CHL protest" (one is where a CHLer in MN has their equivalent sign removed).

viewtopic.php?f=7&t=49631&p=609167&hili ... ed#p609167" onclick="window.open(this.href);return false;

viewtopic.php?f=7&t=42882&p=518285&hili ... ed#p518285" onclick="window.open(this.href);return false;

viewtopic.php?f=7&t=27354&p=312372&hili ... ed#p312372" onclick="window.open(this.href);return false;

My point was: Have any businesses reversed course after initially posting an anti-gun or fully compliant 30.06 sign? Yes there are examples of this. Sign today or as a result of the OC zealots doesn't necessarily equal forever. As mentioned, I personally know that Fry's Electronics in Arlington one had a 30.06 sign but took it down some number of years ago.

SA-TX
Last edited by SA-TX on Wed Sep 24, 2014 9:58 am, edited 1 time in total.
Locked

Return to “2015 Legislative Session”