Page 3 of 3
Re: SB 354 vs HB 86?
Posted: Sun Jan 23, 2011 7:41 pm
by Charles L. Cotton
oldtexan wrote:Charles, I have read the text of HB 750. It looks to me as a layman that under Section 3 of HB 750, it would still be illegal for even a CHL holder to possess a firearm in "a passenger transportation vehicle of a school or institution of higher education...". The particular scenario I'm concerned about is an employee of a state university traveling on official business driving a rental vehicle leased to the university.
You're right; HB750 will not change the law about being in school vehicles.
oldtexan wrote:I spoke to a staffer in Representative Driver's office about this. She told me that in her opinion current TPC Sec 46.02 would allow a person in the above scenario to travel legally with a firearm.
Your thoughts on this?.
She's wrong. While a person would be in "control" of a school vehicle they were driving, that only takes care of TPC §46.02. TPC §46.03(a)(1) creates an entirely separate offense that includes carrying in a "passenger transportation vehicle" and HB750 does not change that prohibition. Some will argue a "passenger transportation vehicle" isn't just any motor vehicle, it's a bus. That argument may or may not work.
Chas.
Re: SB 354 vs HB 86?
Posted: Sun Jan 23, 2011 7:51 pm
by oldtexan
Charles L. Cotton wrote:oldtexan wrote:Charles, I have read the text of HB 750. It looks to me as a layman that under Section 3 of HB 750, it would still be illegal for even a CHL holder to possess a firearm in "a passenger transportation vehicle of a school or institution of higher education...". The particular scenario I'm concerned about is an employee of a state university traveling on official business driving a rental vehicle leased to the university.
You're right; HB750 will not change the law about being in school vehicles.
oldtexan wrote:I spoke to a staffer in Representative Driver's office about this. She told me that in her opinion current TPC Sec 46.02 would allow a person in the above scenario to travel legally with a firearm.
Your thoughts on this?.
She's wrong. While a person would be in "control" of a school vehicle they were driving, that only takes care of TPC §46.02. TPC §46.03(a)(1) creates an entirely separate offense that includes carrying in a "passenger transportation vehicle" and HB750 does not change that prohibition. Some will argue a "passenger transportation vehicle" isn't just any motor vehicle, it's a bus. That argument may or may not work.
Chas.
Sir, thank you.
Re: SB 354 vs HB 86?
Posted: Mon Jan 24, 2011 3:19 pm
by hirundo82
RPB wrote:Just a note to anyone thinking Texas should not regulate anything regarding so-called "private" colleges
Well, they already do.
One only needs to read a little bit to see it ...
Private Institutions (In- and Out-of-State) Interested in Offering Courses Leading to Degrees in
Texas or Using Certain Academic Terms in Texas
To protect students and the public interest in higher education,
it is the policy and purpose of the State
of Texas to...
Under Subchapter G of the Texas Education Code, in order to operate as an institution of higher
education with the authorities specified in the first paragraph of this section,
a private institution must have ...
http://www.thecb.state.tx.us/reports/PDF/1045.PDF" onclick="window.open(this.href);return false;
I'm sure there are better examples, but I devoted less than a minute looking before I found something that illustrated it well enough
So, they want to protect students and the public from fake degrees, or fake pieces of paper, but students lives are less important than artificial paper to the State ...
I understand give/take negotiation in legislating, but it is a funny comparison.
An even better example is that Baylor College of Medicine recieves
$40 million (p. 12) a year to educate medical students (same per-student rate as state medical schools), but would almost certainly ban carry if campus carry were passed.
Re: SB 354 vs HB 86?
Posted: Mon Jan 24, 2011 4:26 pm
by Ameer
RPB wrote:So, they want to protect students and the public from fake degrees, or fake pieces of paper, but students lives are less important than artificial paper to the State ...
I understand give/take negotiation in legislating, but it is a funny comparison.
We have health inspectors to protect the public against unsanitary conditions, but restaurants can post 30.06 signs.
All schools are off limits right now, so the first step should be for the legislators to admit that student lives are important and remove the school restrictions in 46.03 to get that barrier out of the way. If they repeal all of 46.035 for the same reason that would be a shining example of logic in government. Take away the arbitrary government ban first, then the government doesn't look like a bunch of hypocrites when they roll back private businesses restricting guns.