The Texas Legislature is just about to close it's 85th Regular Session - sessions are held every two years. Looks like there will be a Special Session, but I doubt any 2A-related bills will be considered. So, since some of y'all occasionally wander through the Lone Star State, here is a no doubt incomplete summary of changes to Texas law, most if not all becoming effective on 01 Sep 17.
Note: I am not a lawyer and am not providing legal advice, so don't depend on this for your legal well-being. I am also not a bail bondsman nor your best friend, so if you find yourself in a Texas jail do not call me for bail money.
Overall I think this session as somewhat disappointing. Last Leg we had Campus Carry and Open Carry pass, which were two biggies. This session there the two biggest (in terms of potential impact) bills were Constitutional Carry and HB 560, which never got a catchy name. HB 560 would have removed nearly all restrictions on where a LTC holder could carry. Constitutional Carry probably would have retained the current restrictions on LTC carry, plus some more by the time it passed - if it had gone forward. Const Carry made it through committee, went to the Calendars Committee, and was never heard from again. HB560 was sent to committee, but never got even a hearing. Very disappointing.
On the neutral side, all the anti-2A bills, and there were many, filed by the Democrats went nowhere. I say neutral because circularly filing anti-2A bills should be minimum standard for a Republican legislature, kind of like putting on your pants in the morning (altho can't even be sure of that any more).
On to specifics:
HB 16: The biggest 2A bill passed, was a priority of the Lt Governor (who actively presides over the Senate when in session). It took a mighty whack at the fee charged for a License-to-Carry, cutting I from $140 to $40 for the standard, not discounted fee. The previous fee had a lot of discount categories for indigent, veteran, etc, but if you didn't fall into one of those, it was pretty pricey. If you got have a license, should cost no more than a voter registration card, but $40 is better than $140.
HB 1935: No more "illegal knives!" No more - well, mostly -- no more blade length restrictions! You may or may not recall that previously Texas had yet another post-Reconstruction weapons law that put bowies, spears, swords, stilettos, daggers, poniards, any knife over 5.5", and other such pointy objects into the category of "illegal knives," which was a misnomer because they weren't completely illegal, you just couldn't carry them in public. The bill as originally filed just plain did away with all this nonsense, but just as it was being heard in committee some clown at UT Austin went on a stabbing spree, and some legislators gonads turned to nerf. So some restrictions were added back in and the "location-restricted knife" was born. A LRK is any knife OVER 5.5". Generally speaking, LRKs cannot be carried or possessed by anyone under 18 without permission of the parent or legal guardian, and adults cannot carry an LRK in certain locations (hence the name). That list of locations very nearly parallels the list of locations where licensed carry is forbidden; e.g. Courts, voting places, primary and secondary schools, hospitals, 51% locations, a few others.
But on the whole, as of 01 Sep 17 you can carry pretty much any knife or sword in public. Switchblade (legalized last legislature), 12" bowie, double-edged dagger, Mameluke, all good.
HB 1819 sets Texas up to be ready if the US Congress deregulates suppressors. Texas law had been worded to make NFA weapons illegal, with a defense to prosecution that the weapon was registered under the NFA. Suppressors are now pulled from that. I read someplace that Texas has more suppressors than any other state.
==>> An amendment to this bill clarified that Mossberg Shockwaves and similar firearms are legal in Texas (on 01 Sep 17 and thereafter). Texas law defined short-barreled shotguns as a shotgun with a barrel under 16", and for a defense to prosecution you had to have a tax-stamp. BUT Texas law did not define "shotgun." Federal law does, and the Shockwave does not fit in that definition because of it's not fired from the shoulder, but Texas law doesn't say one way or another. Potentially someone could be arrested for having an SBS without a tax stamp, and it would be sorted out in court. Gun distributors and stores were cancelling peoples orders. Ironic, since the Shockwave is probably manufactured in Texas, out at the Mossberg plant near Eagle Pass. But is all good on 01 Sep 17.
SB 263 removed minimum caliber requirement for the LTC proficiency test. Getting an LTC still requires a range shooting test, and the minimum caliber requirement was .32. This obviously eliminated people from being able to use .22 for qualification, but also the FN Seven. Should have ditched the requirement altogether, but as long as you got to shoot, you can pretty much bring any handgun now.
SB 2065 passed both chambers, but with different language, so is in conference right now. Hope it survives. It is a bill primarily aimed at pruning back the regulations on licensing of certain occupations. I think it takes more hours of training to be a hair stylist than it does a cop under state law, and there is a lot of similar silliness affecting other occupations that basically amount to turf protection for already established companies.
Private Security is one of the heavily regulated occupations, and because of this churches were not allowed to form their own security groups to provide protection during services and activities. I think there are a lot of Texas churches that have both LTC (including a fair number of pastors) and cops, but they could not coordinate any kind of response. Didn't matter if they were paid or volunteer, if they didn't used licensed security guards or off-duty cops, they were illegal. SB2065 was amended with language of another bill to allow churches to do this. Hope it makes it out of conference.
HB 435 affects volunteer emergency services personnel with a license to carry. Under current law, there are two basic categories of restrictions on where holders of LTCs can legally carry a handgun: The Section 46 restrictions (basically unlawful carry of weapon) and the 30.06/30.07 restrictions (basically trespassing with a concealed/open-carried handgun). Section 46 restrictions generally apply all the time and no effective notice is required. Examples are primary/secondary schools, voting places, courts, 51% bars (altho they do require the 51% sign). 30.06/30.07 restrictions depend on "effective notice" being given to the LTC holder that handguns are not permitted. These are generally private or commercial, i.e. non-publicly-owned establishments. It also includes public and private hospitals (who for the most part have in fact posted their facilities against LTC), nursing homes (ditto), and churches (varies). They must tell you to your face, or give you a card or put up a sign with specific language (a gun buster sign won't do). If they do give effective notice, then a LTC holder with a handgun who is discovered to be carrying can be charged with a special provision of trespassing (altho basically he has to be given a chance to leave first).
If a vollie firefighter or vollie EMT (who comprise the VAST majority of firefighters and medical first responders in Texas) who is carrying under his LTC is called to one of these locations, he must either find a way to secure his handgun before entering or hope he doesn't get caught. Awkward. Effective 01 Sep 17, any volunteer emergency personnel who respond to a location covered by Section 46 (UCW) locations has a defense to prosecution that he was engaged in providing emergency services.
What's really interesting is that defense to prosecution for 30.06/30.07 (trespassing) locations is available ALL the time - the volunteer does not have to be engaged in providing emergency services, he just has to be a volunteer emergency services personnel. And the definition of that is pretty broad. Not just VFD types, but "any individual who, as a volunteer, provides services of benefit to the general public during emergency situations." So I think the 30.06/30.07 trespassing provision just got seriously gutted. All to the good. There should not be a special trespassing offense just because someone has an LTC.
HB 3535 And starting this fall you can hunt feral hogs and coyotes from a hot air balloon.
That's all I can think of right now, there may be a couple more bills that I've missed, will add them if I think of it.
Note: I am not a lawyer and am not providing legal advice, so don't depend on this for your legal well-being. I am also not a bail bondsman nor your best friend, so if you find yourself in a Texas jail do not call me for bail money.
Overall I think this session as somewhat disappointing. Last Leg we had Campus Carry and Open Carry pass, which were two biggies. This session there the two biggest (in terms of potential impact) bills were Constitutional Carry and HB 560, which never got a catchy name. HB 560 would have removed nearly all restrictions on where a LTC holder could carry. Constitutional Carry probably would have retained the current restrictions on LTC carry, plus some more by the time it passed - if it had gone forward. Const Carry made it through committee, went to the Calendars Committee, and was never heard from again. HB560 was sent to committee, but never got even a hearing. Very disappointing.
On the neutral side, all the anti-2A bills, and there were many, filed by the Democrats went nowhere. I say neutral because circularly filing anti-2A bills should be minimum standard for a Republican legislature, kind of like putting on your pants in the morning (altho can't even be sure of that any more).
On to specifics:
HB 16: The biggest 2A bill passed, was a priority of the Lt Governor (who actively presides over the Senate when in session). It took a mighty whack at the fee charged for a License-to-Carry, cutting I from $140 to $40 for the standard, not discounted fee. The previous fee had a lot of discount categories for indigent, veteran, etc, but if you didn't fall into one of those, it was pretty pricey. If you got have a license, should cost no more than a voter registration card, but $40 is better than $140.
HB 1935: No more "illegal knives!" No more - well, mostly -- no more blade length restrictions! You may or may not recall that previously Texas had yet another post-Reconstruction weapons law that put bowies, spears, swords, stilettos, daggers, poniards, any knife over 5.5", and other such pointy objects into the category of "illegal knives," which was a misnomer because they weren't completely illegal, you just couldn't carry them in public. The bill as originally filed just plain did away with all this nonsense, but just as it was being heard in committee some clown at UT Austin went on a stabbing spree, and some legislators gonads turned to nerf. So some restrictions were added back in and the "location-restricted knife" was born. A LRK is any knife OVER 5.5". Generally speaking, LRKs cannot be carried or possessed by anyone under 18 without permission of the parent or legal guardian, and adults cannot carry an LRK in certain locations (hence the name). That list of locations very nearly parallels the list of locations where licensed carry is forbidden; e.g. Courts, voting places, primary and secondary schools, hospitals, 51% locations, a few others.
But on the whole, as of 01 Sep 17 you can carry pretty much any knife or sword in public. Switchblade (legalized last legislature), 12" bowie, double-edged dagger, Mameluke, all good.
HB 1819 sets Texas up to be ready if the US Congress deregulates suppressors. Texas law had been worded to make NFA weapons illegal, with a defense to prosecution that the weapon was registered under the NFA. Suppressors are now pulled from that. I read someplace that Texas has more suppressors than any other state.
==>> An amendment to this bill clarified that Mossberg Shockwaves and similar firearms are legal in Texas (on 01 Sep 17 and thereafter). Texas law defined short-barreled shotguns as a shotgun with a barrel under 16", and for a defense to prosecution you had to have a tax-stamp. BUT Texas law did not define "shotgun." Federal law does, and the Shockwave does not fit in that definition because of it's not fired from the shoulder, but Texas law doesn't say one way or another. Potentially someone could be arrested for having an SBS without a tax stamp, and it would be sorted out in court. Gun distributors and stores were cancelling peoples orders. Ironic, since the Shockwave is probably manufactured in Texas, out at the Mossberg plant near Eagle Pass. But is all good on 01 Sep 17.
SB 263 removed minimum caliber requirement for the LTC proficiency test. Getting an LTC still requires a range shooting test, and the minimum caliber requirement was .32. This obviously eliminated people from being able to use .22 for qualification, but also the FN Seven. Should have ditched the requirement altogether, but as long as you got to shoot, you can pretty much bring any handgun now.
SB 2065 passed both chambers, but with different language, so is in conference right now. Hope it survives. It is a bill primarily aimed at pruning back the regulations on licensing of certain occupations. I think it takes more hours of training to be a hair stylist than it does a cop under state law, and there is a lot of similar silliness affecting other occupations that basically amount to turf protection for already established companies.
Private Security is one of the heavily regulated occupations, and because of this churches were not allowed to form their own security groups to provide protection during services and activities. I think there are a lot of Texas churches that have both LTC (including a fair number of pastors) and cops, but they could not coordinate any kind of response. Didn't matter if they were paid or volunteer, if they didn't used licensed security guards or off-duty cops, they were illegal. SB2065 was amended with language of another bill to allow churches to do this. Hope it makes it out of conference.
HB 435 affects volunteer emergency services personnel with a license to carry. Under current law, there are two basic categories of restrictions on where holders of LTCs can legally carry a handgun: The Section 46 restrictions (basically unlawful carry of weapon) and the 30.06/30.07 restrictions (basically trespassing with a concealed/open-carried handgun). Section 46 restrictions generally apply all the time and no effective notice is required. Examples are primary/secondary schools, voting places, courts, 51% bars (altho they do require the 51% sign). 30.06/30.07 restrictions depend on "effective notice" being given to the LTC holder that handguns are not permitted. These are generally private or commercial, i.e. non-publicly-owned establishments. It also includes public and private hospitals (who for the most part have in fact posted their facilities against LTC), nursing homes (ditto), and churches (varies). They must tell you to your face, or give you a card or put up a sign with specific language (a gun buster sign won't do). If they do give effective notice, then a LTC holder with a handgun who is discovered to be carrying can be charged with a special provision of trespassing (altho basically he has to be given a chance to leave first).
If a vollie firefighter or vollie EMT (who comprise the VAST majority of firefighters and medical first responders in Texas) who is carrying under his LTC is called to one of these locations, he must either find a way to secure his handgun before entering or hope he doesn't get caught. Awkward. Effective 01 Sep 17, any volunteer emergency personnel who respond to a location covered by Section 46 (UCW) locations has a defense to prosecution that he was engaged in providing emergency services.
What's really interesting is that defense to prosecution for 30.06/30.07 (trespassing) locations is available ALL the time - the volunteer does not have to be engaged in providing emergency services, he just has to be a volunteer emergency services personnel. And the definition of that is pretty broad. Not just VFD types, but "any individual who, as a volunteer, provides services of benefit to the general public during emergency situations." So I think the 30.06/30.07 trespassing provision just got seriously gutted. All to the good. There should not be a special trespassing offense just because someone has an LTC.
HB 3535 And starting this fall you can hunt feral hogs and coyotes from a hot air balloon.
That's all I can think of right now, there may be a couple more bills that I've missed, will add them if I think of it.
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