HB927: Fines for Preemption Breakers

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locke_n_load
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HB927: Fines for Preemption Breakers

Postby locke_n_load » Thu Jan 12, 2017 12:23 am

This bill is almost identical to the fines for signs law, except they have a monetary penalty for political subdivisions who try to make their own laws for guns and knives (going against Texas preemption law which does not have teeth). AG still makes determination and sues for the money. Still does nothing to punish the actual officials making the ordinances though, and just punishes the taxpayer.

http://www.capitol.state.tx.us/BillLook ... Bill=HB927
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Papa_Tiger
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Re: HB927: Fines for Preemption Breakers

Postby Papa_Tiger » Thu Jan 12, 2017 8:28 am

Not to mention, since it goes through the AG, it means that it will be at least 9 months before any suit would be filed, then it will take 2-4 years before it makes its way through the courts and all appeals are filed.

Another law with good intentions that will lack any kind of realistic enforcement mechanism. Laws like this need to allow citizens to sue. As much as I hate our litigious society, reigning in government overreach is one area where I'm all for it.

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rtschl
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Re: HB927: Fines for Preemption Breakers

Postby rtschl » Thu Jan 12, 2017 9:54 am

I know it would be nice to fine officials instead of the tax payers footing the bill... but aren't elected (and appointed) officials across most government entities granted immunity from such in their official capacity? If they weren't I think we would see unscrupulous attorneys coming out of the woodwork and suing someone for every action an official voted for. The potential for abuse is just a bit scary and not worth it to me.
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locke_n_load
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Re: HB927: Fines for Preemption Breakers

Postby locke_n_load » Thu Jan 12, 2017 10:18 am

rtschl wrote:I know it would be nice to fine officials instead of the tax payers footing the bill... but aren't elected (and appointed) officials across most government entities granted immunity from such in their official capacity? If they weren't I think we would see unscrupulous attorneys coming out of the woodwork and suing someone for every action an official voted for. The potential for abuse is just a bit scary and not worth it to me.


Can't they be charged with official oppression or something similar? Wouldn't that handle it, if somehow it was written in the law that breaking preemption was grounds for charging with oppression?
"They that would give up Essential Liberty, for a little temporary Safety, deserve neither Liberty nor Safety"

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locke_n_load
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Re: HB927: Fines for Preemption Breakers

Postby locke_n_load » Thu Jan 12, 2017 10:20 am

Papa_Tiger wrote:Not to mention, since it goes through the AG, it means that it will be at least 9 months before any suit would be filed, then it will take 2-4 years before it makes its way through the courts and all appeals are filed.

Another law with good intentions that will lack any kind of realistic enforcement mechanism. Laws like this need to allow citizens to sue. As much as I hate our litigious society, reigning in government overreach is one area where I'm all for it.


Yes, the timeline for this kind of thing is absolutely terrible. Why is the AG letting Waller County sue an individual and let that go all the way through all the appeals courts, instead of just taking Waller County straight to court right now?

I think that the Waller County officials are prime examples of officials who should be charged with oppressing Texas citizens.
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Russell
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Re: HB927: Fines for Preemption Breakers

Postby Russell » Thu Jan 12, 2017 10:41 am

This bill has promise. Let's get some amendments in it to force a timeline on the AG to take action and hold the individual who made the decision to illegally enforce the law accountable.
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tbrown
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Re: HB927: Fines for Preemption Breakers

Postby tbrown » Sun Jan 15, 2017 3:26 pm

Russell wrote:This bill has promise. Let's get some amendments in it to force a timeline on the AG to take action and hold the individual who made the decision to illegally enforce the law accountable.

:iagree: We need liability for individuals who break the law. Don't let the cowards hide behind the taxpayers.


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Re: HB927: Fines for Preemption Breakers

Postby Soccerdad1995 » Thu Jan 19, 2017 11:15 am

tbrown wrote:
Russell wrote:This bill has promise. Let's get some amendments in it to force a timeline on the AG to take action and hold the individual who made the decision to illegally enforce the law accountable.

:iagree: We need liability for individuals who break the law. Don't let the cowards hide behind the taxpayers.


:iagree:
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