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by Rafe
Sat May 08, 2021 9:37 am
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 99692

Re: HB 1927 on the Senate floor now

SigM4 wrote: Sat May 08, 2021 5:34 am
Flightmare wrote: Fri May 07, 2021 11:18 pm
All references in 1927 remove the "belt or shoulder" language from "holster", making ankle holsters legal open carry (if it passes).
Thank goodness. Do you know how hard it is to find a belt holster to go with my Speedo?
Image
by Rafe
Thu May 06, 2021 10:54 am
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 99692

Re: HB 1927 on the Senate floor now

Papa_Tiger wrote: Thu May 06, 2021 9:58 am
Amendment 13 by Schwertner: wrote: Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.
30.05 sign preventing carry of a firearm. Very strongly opposed to this as worded. The language is not specific enough as evidenced by the "or substantially similar to the following" - we don't want judges deciding what constitutes "substantially similar" as we will get a different answer every time. LTC holders would still have a defense to prosecution under 30.05 (f), but again it is a defense to prosecution, not non-applicability. "You can beat the rap, but you won't beat the ride".
I think it may be even a little worse than that. As Ruark wrote, it looks like we'd be adding back item (c) which was repealed in 2009, and using only the word "firearm." The defense to prosecution in item (f) is quite explicit in using the word "handgun" only. On the surface, I would take Schwertner's F13 to end up meaning, "substantially similar" issue aside, that a 30.05 posting would also then exclude every type of firearm that was not a handgun carried expressly under a license issued under Subchapter H, Chapter 411. HB 1927 itself strikes the "shoulder or belt" requirement and logically changes it to just "a handgun...in a holster," so open carry would actually be improved, not hindered. But aren't we adding a restriction regarding rifles and shotguns that doesn't exist today?

And if anyone wants to find out more about these Texas Senate critters: https://senate.texas.gov/members.php. Schwertner describes himself as a physician, family man, business owner, and a life-long conservative. Admittedly his amendments weren't off-the-wall goofy like some of the failed Dems' offerings, but I can't say that "life-long conservative" would be the first thing that comes to mind with all of the seven amendments he pushed and got adopted.
by Rafe
Thu May 06, 2021 9:01 am
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 99692

Re: HB 1927 on the Senate floor now

Ya know, this will be a very long post, but maybe we need to get the approved amendments grouped together and all spelled out right here, just for quick and copyable reference.

The 8 amendments to HB 1927 adopted by the Texas State Senate on May 5, 2021

Number: F1; Author: Schwertner (R) District 5; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In SECTION 3 of the bill, in added Article 14.03(h)(2), Code of Criminal Procedure (page 2, lines 1 and 2), following "locker", insert "or other secure area" in each instance that it appears.
(2) In SECTION 16 of the bill, strike amended Section 229.001(b)(7), Local Government Code (page 5, lines 60 through 63), and substitute the following:
(7) regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, in accordance with Section 411.209, Government Code;
(3) In SECTION 22 of the bill, in amended Section 46.02(a-1), Penal Code (page 7, line 52), strike "younger than 21 years of age".
(4) In SECTION 22 of the bill, in amended Section 46.02(a-1)(1), Penal Code (page 7, line 57), between "the person" and "is", insert "is 21 years of age or older or".

Number: F2; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) in SECTION 22 of the bill, by striking amended Section 46.02(a)(2), Penal Code (page 7, lines 44 through 45), and substituting the following:
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and

Number: F7; Author: Birdwell (R) District 22; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 22 of the bill (page 7, lines 39-40), strike "Subsection (a-5)" and substitute "Subsections (a-5) and (a-6)".
(2) In SECTION 22 of the bill, after added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.


Number: F8; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 22 of the bill (page 7, lines 39 and 40), strike "Subsection (a-5)" and substitute "Subsections (a-5), (a-6), (a-7), and (e)".
(2) In SECTION 22 of the bill, following added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:
(a-6) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and
(3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).
(a-7) If conduct constituting an offense under Subsection (a-6) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-6) or under both provisions.

(3) In SECTION 22 of the bill, in amended Section 46.02(b), Penal Code (page 8, line 5), between "(d)" and the comma, insert "or (e)".
(4) In SECTION 22 of the bill, following amended Section 46.02(b), Penal Code (page 8, between lines 6 and 7), insert the following:
(e) An offense under Subsection (a-6) is:
(1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or
(2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c).

(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 42A.054(a), Code of Criminal Procedure, is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of Persons);
(6) Section 20A.03, Penal Code (Continuous Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection (d) of that section; and
(B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution);
(14) Section 43.05, Penal Code (Compelling Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by a Child); [or]
(16) Section 46.02, Penal Code (Unlawful Carrying Weapons), if the offense is committed under Subsection (a-6) of that section and punishable under Subsection (e)(1) of that section; or
(17) Chapter 481, Health and Safety Code, for which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections.

Number: F12; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 17 of the bill (page 6, lines 10 through 11), strike "Subsections (d-3) and (f-4)" and substitute "Subsection (d-3)".
(2) In SECTION 17 of the bill, strike added Section 30.05(f-4), Penal Code (page 6, line 67 through page 7, line 13).
(3) Strike the recital to SECTION 25 of the bill (page 10, lines 25 through 27) and substitute the following:
SECTION 25. Sections 46.15(b) and (l), Penal Code, are amended to read as follows:
(4) In SECTION 25 of the bill, strike added Section 46.15(m), Penal Code (page 11, lines 25 through 35).

Number: F13; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.


Number: F14; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 6 of the bill (page 3, line 27), strike "Section 411.02096" and substitute "Sections 411.02096 and 411.02097".
(2) In SECTION 6 of the bill, following added Section 411.02096, Government Code (page 3, between lines 47 and 48), insert the following:
Sec. 411.02097. FIREARM SAFETY. The department shall develop and post on the department's Internet website a course on firearm safety and handling. The course must be accessible to the public free of charge.

Number: F18; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) by striking SECTION 4 of the bill (page 2, line 10 through page 3, line 19) and SECTION 10 of the bill (page 4, lines 32 through 38) and renumbering subsequent SECTIONS of the bill accordingly.
by Rafe
Thu May 06, 2021 8:33 am
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 99692

Re: HB 1927 on the Senate floor now

Papa_Tiger wrote: Thu May 06, 2021 8:14 am
Ruark wrote: Thu May 06, 2021 8:11 am
chamberc wrote: Thu May 06, 2021 5:26 am We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
Is there someplace where we can review these amendments that are causing concern?
https://capitol.texas.gov/BillLookup/Am ... ill=HB1927
It's a really long search URL, but the itemization and text of every proposed and adopted amendment can be found at Texas Legislature Online here. You can sort on "Action" to more easily see the 8 that were adopted.
by Rafe
Thu May 06, 2021 8:29 am
Forum: General Legislative Discussions
Topic: HB 1927 on the Senate floor now
Replies: 387
Views: 99692

Re: HB 1927 on the Senate floor now

Papa_Tiger wrote: Wed May 05, 2021 6:20 pm
txyaloo wrote: Wed May 05, 2021 6:09 pm
bbhack wrote: Wed May 05, 2021 6:00 pm Who is this senator lying about 3 1/2 percent of Texans are gun owners?
3.5% of Texans are LTC holders. I don't think he was talking about total gun owners
Even that statement is incorrect. Per DPS at the end of 2020 there were 1,626,242 Active LTC holders. Per the 2020 Census there were 29,183,290 people in Texas. That equates to 5.5% of the population with an LTC.

You don't need to own a gun to have a LTC, and there are a very large number of ineligible persons (under age, felons, etc.) that cannot get an LTC so nothing can be inferred about gun ownership rates based on the number of LTCs.
While we need to omit all the other non-eligibility issues, to get a reasonable apples-to-apples comparison of HB 1927 and the current number of LTC holders I don't think age can be omitted. A very small percentage of LTCs are over 18 and under 21, and HB 1927 opens with "21 years of age or older." I had a similar conversation last month with a left-leaning friend whose contention was that hardly anyone actually had a handgun license in Texas. Ahem.

I don't believe the detailed breakdown of the 2020 census info is available yet, but here's 2019 data from Statista. They break the demographics at age 20, so if we're lenient and start there then 28.4% of the Texas population is 19 or under...so let's round it to 71% being age-eligible to carry a handgun. With a current total population in Texas of 29,183,290, that would be 20,720,136 age-eligible. So 1,626,242 active LTC holders would mean that 7.85% of the adult population is licensed. That equates to 1 out of every 13 of all adults in the state already having an LTC.

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