TexasCHLforum.com

I think everything takes effect Sept 1.

superchief wrote:several, if not all, of the passed bills say they take effect immediately if they pass with 2/3 vote in each house. Did any of them get this result?

I have the same question. Since by rule, all bills passing the Senate in regular session require 2/3 majority, only the house passage would be in question.

Here is the actual wording from HB3142 regarding effectivity.

SECTIONA16.AAThis Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect.............,

The bill easily passed by a 2/3 majority in each house after acceptance of the conference committee. I guess we will need to wait and see. I used this one as I have a student who is quite interested.

2firfun50 wrote:

superchief wrote:several, if not all, of the passed bills say they take effect immediately if they pass with 2/3 vote in each house. Did any of them get this result?

I have the same question. Since by rule, all bills passing the Senate in regular session require 2/3 majority, only the house passage would be in question.

Here is the actual wording from HB3142 regarding effectivity.

SECTIONA16.AAThis Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect.............,

The bill easily passed by a 2/3 majority in each house after acceptance of the conference committee. I guess we will need to wait and see. I used this one as I have a student who is quite interested.

I believe that section only applies if the bill does not have a defined effective date on it.

You may be correct as HB48 specifically states an effectivity of 9/1/2013. Whereas, HB3142 has the additional language stated above and continues to say if it doesn't get 2/3 it is effective on 9/1/2013. I guess we'll just have to wait and see how it is posted on TLO.

2firfun50 wrote:You may be correct as HB48 specifically states an effectivity of 9/1/2013. Whereas, HB3142 has the additional language stated above and continues to say if it doesn't get 2/3 it is effective on 9/1/2013. I guess we'll just have to wait and see how it is posted on TLO.

To confuse the matter even further HB13 has the same language as HB3142 and became effective immediately upon signage.

From HB13

SECTIONA9.AAThis Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.

2firfun50 wrote:
Since by rule, all bills passing the Senate in regular session require 2/3 majority, only the house passage would be in question.

FYI this is not always the case - a senator can vote for consideration (which regular session rules require a 2/3 vote) on a bill and then vote against it for passage (passage only requires majority). This parallels the US Senate filibuster process.

In practice, many times you will see >2/3 support on the final Senate vote because they will not take up contentious ones...but this isn't guaranteed.

Just doing a little research at the TLO site, and 3142 was passed by more than 2/3 in each house. It was sent to the governor on May 27. He has not taken any action yet. It will become effective immediately on the governor's signature, immediately upon his filing it without signature, or on June 16 (if I counted correctly) if the governor does not do anything. He could also veto it within that time frame.

On bills that contain the clause to make them effective immediately, the engrossed version of the text available at that site will contain the certification with the vote count. I think the vote on the conference committee report is the one that counts, if there was a conference committee. The actual vote will count if the two houses agreed and passed the same bill without a conference committee.

If you go to this page: http://www.legis.state.tx.us/Reports/General.aspx" onclick="window.open(this.href);return false;, you can see when a bill is effective. I think it will only be in the effective files when it has been signed or filed by the governor.

Does HB 3142 affect all licenses currently issued, or only those issued or renewed after the effective date?

Crossfire wrote:Does HB 3142 affect all licenses currently issued, or only those issued or renewed after the effective date?

Since HB 3142 strikes most ,if not all requirements for handgun catagory, it would make the SA/NSA designation on all licenses moot. My big question is how to properly fill out a CHL-100. For that we'll need input from DPS.