Special Session II SB 21?

This sub-forum will open for posting on Sept. 1, 2012.

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
chasfm11
Senior Member
Posts in topic: 3
Posts: 3305
Joined: Thu Apr 15, 2010 4:01 pm
Location: Northern DFW

Special Session II SB 21?

#1

Post by chasfm11 » Thu Jul 11, 2013 7:32 am

Pardon me if I missed something but I haven't seen any news about this one

http://www.capitol.state.tx.us/BillLook ... &Bill=SB21

I'll have to admit that I have trouble following legislative "not" language so I'm not exactly sure what this bill is trying to accomplish.

Anyone?
6/23-8/13/10 -51 days to plastic
Dun Spiro Spero

User avatar

race4beer
Member
Posts in topic: 1
Posts: 83
Joined: Thu May 23, 2013 12:18 pm
Location: North DFW

Re: Special Session II SB 21?

#2

Post by race4beer » Thu Jul 11, 2013 7:44 am

My layman's take on it..

Excluding any legal 30.06 notifications...

We CAN carry in Hospitals
We CAN carry in Amusement Parks
We CAN carry in a Church
We CAN carry at a meeting of a Governmental Entity


Topic author
chasfm11
Senior Member
Posts in topic: 3
Posts: 3305
Joined: Thu Apr 15, 2010 4:01 pm
Location: Northern DFW

Re: Special Session II SB 21?

#3

Post by chasfm11 » Thu Jul 11, 2013 7:51 am

race4beer wrote:My layman's take on it..

Excluding any legal 30.06 notifications...

We CAN carry in Hospitals
We CAN carry in Amusement Parks
We CAN carry in a Church
We CAN carry at a meeting of a Governmental Entity
But it was my understanding that hospitals, churches and amusement parks were already places that we could carry as long as they were not posted so that was why I'm having problems seeing the difference with this bill.
6/23-8/13/10 -51 days to plastic
Dun Spiro Spero

User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 23919
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: Special Session II SB 21?

#4

Post by The Annoyed Man » Thu Jul 11, 2013 8:42 am

It looks like this language is being struck from the code:

Code: Select all

             [(4)     on the premises of a hospital licensed under
 	Chapter 241, Health and Safety Code, or on the premises of a nursing
 	home licensed under Chapter 242, Health and Safety Code, unless the
 	license holder has written authorization of the hospital or nursing
 	home administration, as appropriate;
 	             [(5)  in an amusement park; or
 	             [(6)     on the premises of a church, synagogue, or other
 	established place of religious worship].
So the net effect if passed is that, whereas the old law reads like this:

Code: Select all

	       (b)  A license holder commits an offense if the license
 	holder intentionally, knowingly, or recklessly carries a handgun
 	under the authority of Subchapter H, Chapter 411, Government Code,
 	regardless of whether the handgun is concealed, on or about the
 	license holder's person:
 	             (1)  on the premises of a business that has a permit or
 	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
 	Beverage Code, if the business derives 51 percent or more of its
 	income from the sale or service of alcoholic beverages for
 	on-premises consumption, as determined by the Texas Alcoholic
 	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
 	             (2)  on the premises where a high school, collegiate,
 	or professional sporting event or interscholastic event is taking
 	place, unless the license holder is a participant in the event and a
 	handgun is used in the event; or
 	             (3)  on the premises of a correctional facility;
 	             (4)     on the premises of a hospital licensed under
 	Chapter 241, Health and Safety Code, or on the premises of a nursing
 	home licensed under Chapter 242, Health and Safety Code, unless the
 	license holder has written authorization of the hospital or nursing
 	home administration, as appropriate;
 	             (5)  in an amusement park; or
 	             (6)     on the premises of a church, synagogue, or other
 	established place of religious worship].
 	       (c)  A license holder commits an offense if the license
 	holder intentionally, knowingly, or recklessly carries a handgun
 	under the authority of Subchapter H, Chapter 411, Government Code,
 	regardless of whether the handgun is concealed, at any meeting of a
 	governmental entity, unless the license holder has not received
 	effective notice under Section 30.06.
....the new law reads like this:

Code: Select all

	       (b)  A license holder commits an offense if the license
 	holder intentionally, knowingly, or recklessly carries a handgun
 	under the authority of Subchapter H, Chapter 411, Government Code,
 	regardless of whether the handgun is concealed, on or about the
 	license holder's person:
 	             (1)  on the premises of a business that has a permit or
 	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
 	Beverage Code, if the business derives 51 percent or more of its
 	income from the sale or service of alcoholic beverages for
 	on-premises consumption, as determined by the Texas Alcoholic
 	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
 	             (2)  on the premises where a high school, collegiate,
 	or professional sporting event or interscholastic event is taking
 	place, unless the license holder is a participant in the event and a
 	handgun is used in the event; or
 	             (3)  on the premises of a correctional facility;
 	       (c)  A license holder commits an offense if the license
 	holder intentionally, knowingly, or recklessly carries a handgun
 	under the authority of Subchapter H, Chapter 411, Government Code,
 	regardless of whether the handgun is concealed, at any meeting of a
 	governmental entity, unless the license holder has not received
 	effective notice under Section 30.06.
Previously, the history of the law looked like this:

Original: no carry in hospitals, amusement parks, or churches.

That was soon after modified to: It is a defense to prosecution if said hospital, amusement park, or church is not posted 30.06.

New law: hospitals, amusement parks, and churches are no longer considered as requiring a defense to prosecution through lack of 30.06 for you to carry in them. In other words, they can still post 30.06, but you require no defense to prosecution to carry in those venues where there is no 30.06, because carry in those venues is no longer prohibited by law.

Substitute "Wal-Mart" in the language for either hospital, 6-Flags, or church, and you'll begin to understand the difference. After CHL was enacted, it was NEVER illegal to carry into a Wal-mart, unless they posted a conspicuous compliant 30.06 sign. It was ALWAYS against the law to carry into a church or hospital, but following addition of 30.06 language, you had a defense to prosecution if they did not post 30.06 signs. The practical effect was to put hospitals and churches into a gray area. The new law puts hospitals, churches, and amusement parks into the same class as Wal-Mart. You no longer will need the defense to prosecution of no 30.06 posted in order to carry there. OTH, if they post 30.06, it is still off limits.

So, no real practical difference, but a fairly significant legal difference.
Give me Liberty, or I'll get up and get it myself.—Hookalakah Meshobbab
I don't carry because of the odds, I carry because of the stakes.—The Annoyed Boy


Topic author
chasfm11
Senior Member
Posts in topic: 3
Posts: 3305
Joined: Thu Apr 15, 2010 4:01 pm
Location: Northern DFW

Re: Special Session II SB 21?

#5

Post by chasfm11 » Thu Jul 11, 2013 9:37 am

Thanks for the clarification, TAM.

Now, if this bill can only somehow get passed in midst of the other turmoil.

We are sure getting a lot of out of State help in our Legislative process, n'est pas?
6/23-8/13/10 -51 days to plastic
Dun Spiro Spero


Tic Tac
Senior Member
Posts in topic: 1
Posts: 281
Joined: Mon May 27, 2013 4:00 pm

Re: Special Session II SB 21?

#6

Post by Tic Tac » Thu Jul 11, 2013 1:05 pm

chasfm11 wrote:Pardon me if I missed something but I haven't seen any news about this one

http://www.capitol.state.tx.us/BillLook ... &Bill=SB21

I'll have to admit that I have trouble following legislative "not" language so I'm not exactly sure what this bill is trying to accomplish.

Anyone?
It would make no practical change in the law. The primary benefit is to legislators trying to get gun owners to support them without actually moving the ball closer to the goal posts.


MeMelYup
Senior Member
Posts in topic: 1
Posts: 1870
Joined: Mon Nov 15, 2010 3:21 pm

Re: Special Session II SB 21?

#7

Post by MeMelYup » Thu Jul 11, 2013 1:07 pm

It would clean up the law making it easier to understand.

User avatar

sunny beach
Banned
Posts in topic: 1
Posts: 234
Joined: Tue Sep 04, 2012 7:32 pm

Re: Special Session II SB 21?

#8

Post by sunny beach » Thu Jul 11, 2013 7:11 pm

I would rather they clean up the law by getting rid of the 46.035 handgun discrimination completely. Legal to carry an AR but not a 1911 is some special kind of antigun nuttery.

Post Reply

Return to “2013 Texas Legislative Session”