2011 Texas Regular Session Wrap-Up

[dufremle]

Here are some of the bills the Texas State Rifle Association was pushing to get passed. Gov. Perry needs to sign them all.

2011 Texas Regular Session Wrap-Up

Great work, Texas NRA Members!

EMPLOYEE/PARKING LOT PROTECTION:

As reported to you last weekend, Senate Bill 321 has finally passed in the Texas Legislature and was sent to Governor Rick Perry for his signature. This NRA-backed legislation was authored by state Senator Glenn Hegar (R-Katy) and state Representative Tim Kleinschmidt (R-Lexington). This bill prohibits employers from enacting and enforcing bans on employees transporting and storing firearms in their locked, private motor vehicles while parked at work. If signed into law, this act will take effect on September 1, 2011.


This measure applies to both public and private employers, as well as all lawfully-owned firearms - not just firearms in the possession of Concealed Handgun Licensees. However, SB 321 does not authorize an employee to possess firearms on any property where such possession is prohibited by state or federal law, and the provisions of the bill do not apply to the following:

· Vehicles owned or leased by the employer and used by the employee for work purposes;

· School districts, open enrollment charter schools, and private schools as defined in Section 22.081, Education Code;

· Property owned or controlled by a person, other than an employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or

· Property owned or leased by a chemical manufacturer or oil and gas refiner permitted by TCEQ and on which the primary business conducted is the manufacture, use, storage or transportation of hazardous, combustible, or explosive materials; however, employees at these facilities who are CHLs may store firearms (including rifles or shotguns) in their private motor vehicles in parking areas located outside of secured and restricted areas which contain the physical plant, are not open to the public and which are constantly monitored by security personnel.



CAMPUS CARRY:

As we mentioned in previous alerts throughout the 2011 session, Senate Bill 354 by state Senator Jeff Wentworth (R-San Antonio), failed to garner the 21 (2/3 on the Senate) necessary votes to suspend the regular order of business and be taken up on the Senate floor. It was still left pending on the Senate Intent Calendar as the legislature adjourned sine die on Memorial Day. House Bill 750 by state Representative Joe Driver (R-Garland), was never scheduled for a House floor vote by the House Calendars Committee, and it died there along with every other variation of campus carry. Among those not passed were House Bill 1167 by state Representative Van Taylor (R-Plano), which would have allowed Concealed Carry Licensees (CHLs) to carry on the campuses of public junior colleges and technical schools, House Bill 1356 by state Representative Lance Gooden (R-Terrell) allowing faculty, staff and employee CHLs at public colleges and universities to carry on-campus, and House Bill 2178, also by Representative Driver, de-criminalizing campus carry but still allowing schools to adopt administrative rules governing the actions of CHLs on-campus.

Late in the session, Senator Wentworth won passage of a Senate floor amendment attaching most of the language from SB 354 onto Senate Bill 1581, a bill dealing with fiscal, business and administrative matters affecting institutions of higher education in the state. When SB 1581 was considered on the House floor, a point of order was raised against the bill for violating the “one-subject” rule with the inclusion of the campus carry language. The point of order was sustained by the chair and the measure was sent back to the Senate to have the so-called “offending language” removed. Various other attempts to amend campus carry language onto bills in the House were rejected without a vote because of germaneness issues.


The following NRA-supported measures have also passed in the Texas House and Senate and await final action by Governor Perry:


House Bill 25 by state Representative Ryan Guillen (D-Rio Grande City) and state Senator Dan Patrick (R-Houston) will extend the right to carry a handgun to your boat or personal watercraft without needing a Concealed Handgun License– a right which law-abiding Texans currently enjoy in their private motor vehicles. For many, these vessels – especially on weekends in some parts of the state – are, for all practical purposes, an extension of one’s home. It will remain an offense under HB 25 if the handgun is not hidden from plain view, the person in possession is engaged in criminal activity or a member of a criminal street gang, or the person is not eligible to possess the firearm under state or federal law.


House Bill 716 by state Representative Sid Miller (R-Stephenville) and state Senator Troy Fraser (R-Horseshoe Bay) will allow properly-permitted landowners or helicopter owners to contract with third parties to ride on these aircraft and take depredating feral hogs and coyotes. This bill will help control the population of these animals and reduce cost to landowners. The Texas Parks & Wildlife Commission will retain authority to ensure that these operations are run in a safe and effective manner.


House Bill 2560 by state Representative Ralph Sheffield (R-Temple) and state Senator Craig Estes (R-Wichita Falls) will prevent the Texas Department of Family and Protective Services from adopting or enforcing rules restricting a foster parent’s ability to transport a foster child in a private motor vehicle if a handgun is present, as long as the foster parent is a Concealed Handgun Licensee and the handgun is “in the possession and control” of the foster parent. This is intended to mean that the firearm could be stored in the glove box, console or trunk of the vehicle. State agencies should not create disincentives to foster parenting by forcing those individuals to forego their Second Amendment rights!


Senate Bill 766 by state Senator Craig Estes and state Representative Jason Isaac (R-Dripping Springs) limits the ability of local governments to sue owners or operators of sports shooting ranges, and requires an expert report on whether ranges meet generally-applicable industry standards before a civil action suit can be brought against them.

[DarcShadow]

Wonder how that parking lot one would affect Lockheed. I bet they would still be able to ban them since technically the property is government property and LM just leases it.

[dufremle]

My guess is it wouldn't apply to LM. Although it doesn't specifically exclude government property. It could already be excluded in the CHL laws already.

[WillK675]

In the CHL laws you can not carry on federal government property. Sorry LM guys your still out of luck.

[DemonDuck]

Yea unfortunately I cant even carry on federal property unless I am on official duity.

[DarcShadow]

Are interstates federal property?

[WillK675]

Nope. Federal property would be like, the federal building downtown, A federal courthouse, post office, military facility, etc..

[DemonDuck]

I carry on the interstate all the time ... in fact alot of rides (the ones I make it to) I carry also. Wills list is just about all of it. There are a few other places.... the only thing that upsets me about it really is that this makes it so I cant carry while driving to work because I have nowhere to put my gun before entering the base.

[DarcShadow]

You could just leave it under a rock at the gate.

[Blizzard_1708]

until someone finds it and commits a criminal act with it.

[WillK675]

You could just leave it under a rock at the gate.

That in and of itself would be illegal. About the only thing you could do, would be to talk to the Base CO and see if there is a way to implement some sort of gun check or gun locker at the base gates for CHL holders to be able to check and leave their firearm.

[dufremle]

That in and of itself would be illegal. About the only thing you could do, would be to talk to the Base CO and see if there is a way to implement some sort of gun check or gun locker at the base gates for CHL holders to be able to check and leave their firearm.

I've always thought that lockers should available at the entrances to all buildings where CHL is not allowed. Of course that could mean that everyone knows who is carrying.

[DemonDuck]

I dont care if someone knows that I am carrying. I dont think they will be installing lockers any time soon as even active duity that live on base have always been required to take personal fire arms to the armory and check them in and out for use. I say always... at least since 1996. I personally dont see why you cant have one on base as long as you tell them at the gate when asked that you have a weapon and provide your CHL or credentials at that time. But im nobody so whatever.

[WillK675]

That in and of itself would be illegal. About the only thing you could do, would be to talk to the Base CO and see if there is a way to implement some sort of gun check or gun locker at the base gates for CHL holders to be able to check and leave their firearm.

I've always thought that lockers should available at the entrances to all buildings where CHL is not allowed. Of course that could mean that everyone knows who is carrying.

Um yes. And most places that have signage posted is because they don't like firearms at all, and don't think you should be carrying period. So no they aren't going to offer lockers, and I wouldn't want them to. If you go somewhere that you are not allowed to carry, you can leave it locked in your vehicle, unless of course that place is a military installment, in which you can't have it in your vehicle either.

The other option you have, if the place has signage posted and your not allowed to carry there, is to take your business elsewhere. I know that If I go some place that has signs up, I don't want to do business with those people and will typically go somewhere else.

[dufremle]

Sorry, I should have been more specific. I was thinking more along the lines of government buildings, such as courthouses, where you have to pass through a metal detector to get in.

[WillK675]

Places like that, is where you can leave it locked in your car. Most of the time, I carry my lock box with me, and if I'm going someplace like that. I'll unload it, lock it up, hide it, and lock the car.

[DemonDuck]

About the only places I dont carry is Federal property where it is prohibited. But then im not bound by the exact same laws that a CHL has. For instance I went to court for the foster children the other day and I carried it... and when there is a store with a sign saying no guns I still carry it in. If the owner or manager was to tell me to leave the property I would because if I didnt I would be trespassing if I stayed but that is about all that could happen in the store and I dont announce that I have it so no big deal.

[Fero-X]

Someday I would like to carry once I buy a firearm and get the CHL. I don't think LEOSA offers enough protections for concealed carry, so I'll want that CHL too. I still feel protected when on base, because although I cant/dont carry on base I still am armed with my throwing stars.

[WillK675]

About the only places I dont carry is Federal property where it is prohibited. But then im not bound by the exact same laws that a CHL has. For instance I went to court for the foster children the other day and I carried it... and when there is a store with a sign saying no guns I still carry it in. If the owner or manager was to tell me to leave the property I would because if I didnt I would be trespassing if I stayed but that is about all that could happen in the store and I dont announce that I have it so no big deal.

Well there is a difference in signs also. If there is a sign on the door that has a handgun in it, with the red circle with a line through it, or a sign that says no firearms, or no handguns or something like that; it doesn't mean a damn thing in the state of Texas. I can still carry there. Outside of the places originally defined in the original CHL laws they must have the specific signage as stated in section 30.06 of the Texas State Penal Code.

Another little known fact. The signage law put an exception in for some of the originally defined "no carry" places, allowing you carry there, unless those places have the proper signage. Most people, including LEOs don't know about this. So if you are carrying in one of those places and there is an incident, you will most likely be arrested. Just get yourself a good lawyer, and point out the exceptions in the law, and you wan't have a problem.

I still am armed with my throwing stars.

Just so you know, throwing stars are specifically defined and named as a prohibited weapon in Texas and are illegal to carry.

[dufremle]

Speaking of signs, I noticed the 30.06 sign posted at the entrance to the parking deck of the hospital. Does that mean you aren't even allowed to have it in the parking garage? That seems strange to me.

[DarcShadow]

I still am armed with my throwing stars.

Just so you know, throwing stars are specifically defined and named as a prohibited weapon in Texas and are illegal to carry.

how about throwing spoons?

[WillK675]

Speaking of signs, I noticed the 30.06 sign posted at the entrance to the parking deck of the hospital. Does that mean you aren't even allowed to have it in the parking garage? That seems strange to me.

Here's what I gather.

(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;

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

What this breaks down to. It is prohibited to carry at a hopital. However, the last quote makes it legal to carry at a hospital, unless proper signage is posted. And the second quote is where it defined Premises. So with that I'm going to say you are good carrying in the parking garage, unless your are an employee and it is prohibited (until new law goes into effect Sept. 1st).

However, the signage law says

(a) A license holder commits an offense if the license holder:(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and(2) received notice that:(A) entry on the property by a license holder with a concealed handgun was forbidden

30.06 goes on to explain the signage as being notice, etc. etc. Seeing as Section 30.06 states "property" over premises, I'm not 100% sure that it's ok to carry there. Overall I need to talk to David or Roma and get definitve clarification on that one.

[WillK675]

I still am armed with my throwing stars.

Just so you know, throwing stars are specifically defined and named as a prohibited weapon in Texas and are illegal to carry.

how about throwing spoons?

Are they sharpened?

[DarcShadow]

perhaps...

[WillK675]

Then to answer your question.... Perhaps illegal.