HB 1815--SIGNED INTO LAW 6-15-07!!!

Relevant bills filed and their status

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CWOOD
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HB 1815--SIGNED INTO LAW 6-15-07!!!

Postby CWOOD » Wed May 16, 2007 10:24 pm

NRA Alert: Texas Senate Committee To Consider Clarification to Right-To-Carry Legislation!

Please call the Senate Criminal Justice Committee Today!

Tomorrow afternoon, Thursday, May 17, the Senate Criminal Justice Committee will consider House Bill 1815 by Representative Carl Isett (R-Lubbock) and Senator Juan Hinojosa (D-McAllen).

This important NRA-supported measure will clarify, once and for all, that it is legal to transport a handgun in your motor vehicle for personal protection without a Concealed Handgun License (CHL), provided you are eligible to possess the firearm under state and federal law, you are not a member of a criminal street gang, and you are not committing any criminal activity at the time (other than a traffic violation,) and as long as the handgun is hidden from plain view.

Please contact the members of the committee below first thing Thursday morning and urge them to support HB 1815:

Chairman John Whitmire
512-463-0115
john.whitmire@senate.state.tx.us

Vice-Chairman Kel Seliger
512-463-0131
kel.seliger@senate.state.tx.us

Sen. John Carona
512-463-0116
john.carona@senate.state.tx.us

Sen. Bob Deuell
512-463-0102
bob.deuell@senate.state.tx.us


Sen. Glenn Hegar
512-463-0118
glenn.hegar@senate.state.tx.us


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Last edited by CWOOD on Fri Jun 15, 2007 10:34 pm, edited 4 times in total.


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Postby CWOOD » Wed May 16, 2007 10:26 pm

This is my email to each member of the committee

Subject: HB 1815 needs to become law

Dear Senator,

It is past time that the affront to the legislature and law abiding citizens of this great State be concluded. For too long, various prosecuting agencies across the state have abused the clear intent of the legislature by refusing to acknowledge the fact that the legislature acted to ensure that good citizens in their personal vehicle should be able to travel in safety with a handgun and that law violators should not be able to do so.

The legislature should reaffirm that it is the legislature that makes the laws and the prosecutors who should follow their lead.

Sincerely,
cwood


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Postby CWOOD » Thu May 17, 2007 8:52 pm

HB 1815 Unanimously passed out of Senate Criminal Justice Committee with favorable recommendation
AND
was certified for Local And Consent Calender.

Entering Local and Consent Calender means generally that it is a non-controversial bill likely to pass without much opposition.

This is really good news.

Edited to correct wording. HB 1815 was recommended for "Local and Concent Calender. Ooops.
Last edited by CWOOD on Fri May 18, 2007 5:42 pm, edited 1 time in total.

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Postby Charles L. Cotton » Thu May 17, 2007 9:59 pm

I hope it stays on Local & Consent, but I would be surprised. I also want to point out something about our old friend Chuck Rosenthal.

Chuck sent one of his boys to sign in against HB1815 (Motorist Protection Act), but he didn't testify. This is clear proof that Chuck was lying through his teeth when he publically stated that his non-stop attacks on the "traveling presumption" was solely to prevent "good, honest people" from getting arrested. After all, he said, he wasn't opposed to the goal of HB823, he was just trying to help. Yeah right, Chuck! To follow Johnny Holmes with this guy is sad. Harris County residents need to remember this when he's up for re-election.

Chas.


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Postby Mike1951 » Mon May 21, 2007 4:52 pm

Description Comment Date Time Journal Page
S Placed on local & uncontested calendar 05/23/2007

http://www.capitol.state.tx.us/BillLook ... ill=HB1815

HB 1815 shows placed on 'Local and Uncontested' with a date two days hence.

Is this meaningful?
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Postby CWOOD » Mon May 21, 2007 9:07 pm

The show is 'scheduled' for 7 AM. Should be an interesting ride in the next few days.

Fingers are crossed.

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Postby stevie_d_64 » Mon May 21, 2007 10:56 pm

Charles L. Cotton wrote:Harris County residents need to remember this when he's up for re-election.

Chas.


Not a prob...We are still looking for someone to make a run on the job though...

Slim pickin's these days for a good conservative DA...

Any ideas???
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Postby Mike1951 » Mon May 21, 2007 11:04 pm

Do you suppose we could get Sheriff Joe Arpaio to relocate from Maricopa County?

I'd vote for him, twice!
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I WAS WATCHING THE SENATE PROCEEDINGS THIS AM

Postby CWOOD » Wed May 23, 2007 8:30 am

I changed the title of this thread.

Due to a computer issue (RealPlayer update) I actually missed the reading of HB 1815 so I cannot absolutely confirm it but I think HB 1815 passed the Senate this morning.

The Senate started processing the Local and Uncontested Calender this morning at 7AM. For those who haven't had a chance to watch it, it is a "Lightning Round" of the legislative process. Basically the title of the bill (HB1815) is read and a roll call report of "31 ayes no nays" and the gavel is whacked and it is passed. It takes about 30 seconds.

However, HB 1815 was still on the Local and Uncontested calender this morning and every other bill on it has been passed. There is no one in the chamber to object so I think passage is a safe bet. We will get absolute confirmation later today.

The Governor is sure to sign.

This is a good day in Texas.

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Postby Liberty » Wed May 23, 2007 9:33 am

stevie_d_64 wrote:
Charles L. Cotton wrote:Harris County residents need to remember this when he's up for re-election.

Chas.


Not a prob...We are still looking for someone to make a run on the job though...

Slim pickin's these days for a good conservative DA...

Any ideas???


Ya know who would be perfect, .... although he would claim not to be a crimminal lawyer... Think you guys in Harris County could talk him into it?
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Postby CWOOD » Wed May 23, 2007 9:37 am

IT PASSED

If you would like to watch it go to the Senate Video archive here:

http://www.senate.state.tx.us/avarchive/

Click on " May 23- Senate Session Part One"

The actual passage starts about 29 min. / 25 sec. into the video. Drag the cursor to the time you want to watch. It comes just after consideration of HB 1795 and just before HB 1847, watch closely, it moves by VERY quickly.

NOTE! The Senate Arcive requires realPlayer. It will down load. Select "Remind Me Later" from the first drop down menu, then unselect all the options, and go on to "finish".

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Postby jimlongley » Wed May 23, 2007 10:04 am

I just love the way legislatures work. I would go down there and sit in the gallery and watch just for the fun. It's hard to believe anyone can talk that fast for that long and keep track of what is being said about what.

In the NY legislature the process ran similarly but they had to have a roll call vote on everything, so the roll call went; "The clerk will call the roll", "Abramson, Blumenthal, Duryea, Zimmer", "Passed"

Abramson was the first in line alphabetically, Blumenthal was minority or majority leader, Duryea was the other, and Zimmer was the last alphabetically.

At least in TX the bills are on the "Local and Uncontested" calendar where someone could object to them being there, where in NY they just ran through the list decided by the powers that be.
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Postby bburgi » Wed May 23, 2007 10:13 am

September is certainly going to be a good month!


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Postby jhutto » Wed May 23, 2007 10:48 am

Can someone post the text of this change in the travelling law?


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Postby NcongruNt » Wed May 23, 2007 11:00 am

jhutto wrote:Can someone post the text of this change in the travelling law?


Underlined text is updated text in the TPC.
Red text is stricken language in the TPC. Sorry, there was no strikethrough formatting option here.

You can also find the text of the bill at :

http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB01815I.htm

80R7219 JPL-D

By: Isett H.B. No. 1815







A BILL TO BE ENTITLED

AN ACT
relating to the prosecution of certain offenses that involve
carrying weapons on a person's property or in a person's vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or

(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.

(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle that is owned by the person
or under the person's control at any time in which:

(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;

(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.

(a-2) For purposes of this section, "premises" includes
real property and a recreational vehicle that is being used as
living quarters, regardless of whether that use is temporary or
permanent. In this subsection, "recreational vehicle" means a motor
vehicle primarily designed as temporary living quarters or a
vehicle that contains temporary living quarters and is designed to
be towed by a motor vehicle. The term includes a travel trailer,
camping trailer, truck camper, motor home, and horse trailer with
living quarters.

SECTION 2. Section 46.15(b), Penal Code, as amended by
Chapters 1221 and 1261, Acts of the 75th Legislature, Regular
Session, 1997, is reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) [is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);

[(3)] is traveling;
(3) [(4)] is engaging in lawful hunting, fishing, or
other sporting activity on the immediate premises where the
activity is conducted, or is en route between the premises and the
actor's residence or motor vehicle, if the weapon is a type commonly
used in the activity;
(4) [(5)] holds a security officer commission issued
by the Texas [Board of Private Investigators and] Private Security
Board [Agencies], if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(5) [(6)] is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code
[Article 4413(29ee), Revised Statutes], to carry a concealed
handgun of the same category as the handgun the person is carrying;
(6) [(7)] holds a security officer commission and a
personal protection officer authorization issued by the Texas
[Board of Private Investigators and] Private Security Board
[Agencies] and [who] is providing personal protection under Chapter
1702, Occupations Code
[the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes)]
; or
(7) [(8)] holds an alcoholic beverage permit or
license or is an employee of a holder of an alcoholic beverage
permit or license if the person is supervising the operation of the
permitted or licensed premises.
SECTION 3. Section 46.15(h), Penal Code, is amended to read
as follows:
(h) For the purpose of Subsection (b)(2), "premises" has the
meaning assigned by Section 46.02(a-2)
[includes a recreational
vehicle that is being used by the person carrying the handgun,
illegal knife, or club as living quarters, regardless of whether
that use is temporary or permanent. In this subsection,
"recreational vehicle" means a motor vehicle primarily designed as
temporary living quarters or a vehicle that contains temporary
living quarters and is designed to be towed by a motor vehicle. The
term includes a travel trailer, camping trailer, truck camper,
motor home, and horse trailer with living quarters]
.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 5. This Act takes effect September 1, 2007.
Last edited by NcongruNt on Wed May 23, 2007 11:36 am, edited 2 times in total.


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