I want to update everyone on the history of HB2112 dealing with firearms in school parking lots. HB2112 is a bill that has been filed in the previous two legislative sessions. Each time, the proponents are a particular school district that seeks a freshman Representative or Senator to carry the bill.
The filing of HB2112 followed the same pattern. This is Rep. Patrick’s first term and the Bill’s proponents use the same excuse they always do. “Without this bill, we can’t stop a kid from walking into a school with an assault rifle and opening fire.� This contention is based upon the definition of “premises� in TPC 46.035(f)(8) which includes only buildings (and activities). While it is true that having a gun in a car is not an offense, it is absurd to argue that law enforcement cannot stop someone who takes a rifle from his trunk and starts walking toward the door of a school.
So that’s the background as to how HB2112 came to be filed this session. When Rep. Patrick realized that this bill would not only provide a tool for law enforcement, but would negatively effect thousands of law-abiding Texans, she put her staff to work on this issue. A hearing on the bill has not been requested, nor would it ever be with the bill in it’s current form. But she did more than merely let the bill die, so that it could be resurrected again next session. Rep. Patrick brokered an agreement to prepare a committee substitute that would dramatically narrow the bill, such that law enforcement was given a tool, but without negatively impacting honest citizens. I can’t go into details, but the only thing that will be unlawful is using a firearm in a manner intended to harm or scare someone, or to damage school property. I don’t believe any gun owners will be unhappy. The proponents of the bill have agreed to accept this and not bring up an HB2112-type bill again. Can they renege on this informal agreement? Sure they can, but that’s not the way to build working relationships with our elected officials in Austin. Plus, we would be in a position to make them look very bad.
Here is the bottom line as I see it. Rep. Patrick was presented with a very polished argument that raised the specter of a “mass school shooting� and agreed to carry the bill. A freshman Senator who is a good friend to gun owners did exactly the same thing last session. You may recall, that then-freshmen Representative Vo was the victim of this same type of bait-and-switch last session when he carried an HPD “law enforcement facility� gun ban that had sweeping implications for CHL holders. The Senator and Rep. Vo learned true impact of those bills and never asked for a hearing. Rep. Patrick followed suit by not asking for a hearing, but she did more than that; she has worked on a substitute that does not impact honest Texans, but that may put an end to the every-session battle we have to fight on this single issue.
I commend Rep. Patrick and her staff for the work they have done to finally put this issue to rest. In my view, she is proving herself to be our friend.
Chas.