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by baldeagle
Tue May 07, 2013 11:03 pm
Forum: 2013 Texas Legislative Session
Topic: Committee substitute for HB 972 passes committee
Replies: 36
Views: 3747

Re: Committee substitute for HB 972 passes committee

terryg wrote:Update on HB 972.

The NRA-ILA update this evening highlighted something about this bill that I either did not catch before, or has been added. I have been very disappointed at the opt-out provision. But according to the NRA, this bill would remove criminal penalties for carrying on campus. When schools opt-out, they are essentially creating employee and/or student regulations ... with no criminal penalties. It may not seem like much, but this is huge. It now means that faculty and staff only face termination for violating university policy if they choose to carry rather than criminal prosecution.

Please correct if I have read this wrong. I think this is a fantastic first step bill!

House Bill 972 by state Representative Allen Fletcher (R-Cypress) and state Senator Brian Birdwell (R-Granbury) eliminates the criminal prohibition on the possession of firearms on public and private college campuses for Texas Concealed Handgun Licensees. As passed in the House, schools may adopt administrative rules and regulations restricting licensees in campus buildings, but only after consulting annually with campus law enforcement, faculty, staff and students. HB 972 also now contains language from SB 1907 by Senator Glenn Hegar prohibiting public and private institutions of higher education from adopting or enforcing policies banning students who are CHLs from transporting and storing handguns and ammunition in their privately-owned motor vehicles while driving through or parking on campus
I believe that is correct.
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the [physical] premises of a school or
[educational] institution of higher education or private or
independent institution of higher education, any grounds or
building on which an activity sponsored by a school or
[educational] institution of higher education or private or
independent institution of higher education is being conducted, or
a passenger transportation vehicle of a school or [educational]
institution of higher education or private or independent
institution of higher education, whether the school or
[educational] institution is public or private, unless:
(A) pursuant to written rules or regulations or
written authorization of the school or institution; or
(B) the person possesses or goes on premises
owned or leased and operated by an institution of higher education
or private or independent institution of higher education, on any
grounds or building owned or leased by the institution and on which
an activity sponsored by the institution is being conducted, or on a
passenger transportation vehicle of the institution with a
concealed handgun that the person is licensed to carry pursuant to a
license issued under Subchapter H, Chapter 411, Government Code;
If I'm understanding this correctly, possessing a firearm on the premises of an institution of higher education is no longer a violation of the penal code. This means, literally, it is not a violation of the law to carry on a campus unless the school has posted 30.06 signs. Then it would become trespass and a Class A misdemeanor.
by baldeagle
Wed Apr 24, 2013 8:59 am
Forum: 2013 Texas Legislative Session
Topic: Committee substitute for HB 972 passes committee
Replies: 36
Views: 3747

Re: Committee substitute for HB 972 passes committee

Purplehood wrote:Rep Patricia Harless sends out constant e-mail updates to her constituents and each one normally has a survey regarding a particular piece of pending legislation.
One of her more recent questions was along the lines of "would you support College Campus carry?".
The most recent update showed the results as along the lines of 55% against and 45% for.
And you can bet that all the legislators are aware of that as well.
by baldeagle
Mon Apr 22, 2013 2:10 pm
Forum: 2013 Texas Legislative Session
Topic: Committee substitute for HB 972 passes committee
Replies: 36
Views: 3747

Re: Committee substitute for HB 972 passes committee

K.Mooneyham wrote:
willfullyconcerned wrote:I work on a college campus in Houston and the police chief has already said they want to opt out. It makes absolutely no sense to me, especially with everything that has been happening. My gun is literally 40 feet away in my car, but i cannot carry inside my building.
Don't get caught with it in your car...they might not be able to get you in trouble for breaking the law, but they can "discipline" you for violating policy. Be careful.
I don't believe that's correct. Texas Labor Code, Chapter 52, Subchapter G, Section 52.061 states that an ""employer may not prohibit an employee who holds a license to carry a concealed handgun (3) . . . who otherwise lawfully possesses a firearm, . . . from transporting or storing a firearm . . . in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees." This clearly prohibits the employer from adopting an employee policy that bans firearms from the parking lot.

The Attorney General responded to a request from Senator Deuell for clarification of the meaning of the law. https://www.oag.state.tx.us/opinions/op ... ga0972.htm" onclick="window.open(this.href);return false; They can't do it through 30.06 either.
For these reasons, we conclude that the exception set out in subsection 52.062(a)(1) does not include a notice posted under the authority of section 30.06. Accordingly, under section 52.061 of the Labor Code, an employer may not ban the transport and storage of firearms in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice under section 30.06 of the Penal Code.
If the employer takes action (such as discipline or termination) the employee would have a civil cause of action.
Your third question asks about the legal options available to employees whose employers violate section 52.061. See Request Letter at 2. Neither section 52.061 nor any other statute of which we are aware provides a specific remedy for employees. Despite the lack of a statutory remedy, an aggrieved employee may, depending on the circumstances, have the ability to sue an offending employer under the Uniform Declaratory Judgments Act, which provides a mechanism for district courts to determine the parties' legal rights and obligations under a statute. See Tex. Civ. Prac. & Rem. Code Ann. §§ 37.001-.011 (West 2008). You also ask whether the Attorney General's Office or another state agency may seek corrective action against an employer who violates section 52.061. See Request Letter at 2. The Legislature has not authorized this office or any other state agency to take such action.
So rather than the employee worrying about violating policy, the employer should be worried about violating the law. I'm pretty sure a lawyer would take such a case on contingency since winning would be almost certain.
by baldeagle
Thu Apr 11, 2013 11:09 pm
Forum: 2013 Texas Legislative Session
Topic: Committee substitute for HB 972 passes committee
Replies: 36
Views: 3747

Re: Committee substitute for HB 972 passes committee

hammer58 wrote:
baldeagle wrote:This is a lousy bill. It allows public universities to opt out of allowing campus carry. Guess how many will opt out? Why even bother passing the dern thing?

This is the text of the original bill.
Where can I find text to the substitute to HB 972? Because HB 972 states "(e) A private or independent institution of higher
education in this state, after consulting with students, staff, and
faculty of the institution, may establish rules, regulations, or
other provisions prohibiting license holders from carrying
handguns on premises that are owned or leased and operated by the
institution and located on the campus of the institution."

So the way I read it, public higher education institutions would not be able to stop licensed CHL's from carrying on campus.
I listened to the committee hearing today. The committee substitute changes the language to allow public schools to opt out and private schools to opt in.
by baldeagle
Thu Apr 11, 2013 4:47 pm
Forum: 2013 Texas Legislative Session
Topic: Committee substitute for HB 972 passes committee
Replies: 36
Views: 3747

Re: Committee substitute for HB 972 passes committee

CJD wrote:
baldeagle wrote:This is a lousy bill. It allows public universities to opt out of allowing campus carry. Guess how many will opt out? Why even bother passing the dern thing?

This is the text of the original bill.
Where does it say that public universities can opt out? To the contrary, it says they can't. Unless the substitute says that.
The substitute says that. And yes, they have to post 30.06, but trust me, they will. They'll have no problem posting them on every building. It's all about the children, don't you know.
by baldeagle
Thu Apr 11, 2013 2:46 pm
Forum: 2013 Texas Legislative Session
Topic: Committee substitute for HB 972 passes committee
Replies: 36
Views: 3747

Committee substitute for HB 972 passes committee

This is a lousy bill. It allows public universities to opt out of allowing campus carry. Guess how many will opt out? Why even bother passing the dern thing?

This is the text of the original bill.

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