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by jerry_r60
Fri Jun 14, 2013 9:13 am
Forum: 2013 Texas Legislative Session
Topic: looks like NRA got it right
Replies: 25
Views: 5221

Re: looks like NRA got it right

G26ster wrote:
Bladed wrote:
G26ster wrote:I'm confused by SB 864 "effective 1 Sep 2013" and HB 48 "sent to the Governor." Each has different renewal requirements. How can they both become law?
This was discussed in another thread. The most recent bill passed takes precedence in any area of conflict; however, there is no major area of conflict between these two bills. SB 864 primarily deals with an initial CHL course, and HB 48 primarily deals with renewals.
The bills' languages do conflict. SB 864 has a training requirement for renewals, while HB 48 does not. The only thing I've read is that the "latest" one passed takes precedence, but I've only read that on another forum, and was looking for someone here, like Mr. Cotton, to confirm that.
I agree with what others have said regarding the difference between these bills. I will only add that I did ask a question about the reconciliation of two bills that pass with conflicting language. For example, one passing that says new chl and renewals get reduced course hours and the other bill eliminating the need for a renewal course all together. Chalres did respond to that thread, see below.

Here was my question and the answer from Charles in another thread:
Charles L. Cotton wrote:
jerry_r60 wrote:
Charles L. Cotton wrote:HB48 that removes the necessity of taking a class to renew a Texas CHL passed today. It now goes to the Governor.

Chas.
I understood HB48 as you have described however I was confused on how to apply it in context of SB 864 also passing, which lowered requirments of the class but still had them (as I understand it). Is it as simple as SB 864 definging a course (for initial application and renewal) and then HB 48 saying you don't need to take that course? Does SB 864 get applied and then HB 48 comes behind it and nullifys it for renewals?
You are correct. When two bills pass in the same session that impact the same area of the law, they must be reconciled. So SB864 creates a single class for both new and renewal students that is 4 to 6 hours long, but HB48 removes the need to take that class to renew a CHL. It's when two bills are conflicting that you must look to the times each passed. There is no irreconcilable conflict between SB864 and HB48, but if there were, then we would have the same result. HB48 passed after SB864, so the provisions of HB48 would control to the extent they were in conflict with anything in SB864. (Sorry for the lawyer-like answer. :lol: )

Chas.
by jerry_r60
Thu Jun 13, 2013 5:33 pm
Forum: 2013 Texas Legislative Session
Topic: looks like NRA got it right
Replies: 25
Views: 5221

Re: looks like NRA got it right

Cedar Park Dad wrote:So can somone summarzie what was actually passed and signed into law again in both the main and this special session? I wouldn't trust any bill until its actually signed.
Edited because I type like a drunken nearsighted monkey (which is pretty accurate actually)
There were a couple that were either signed or "signed by default", they passed the 10 day period without signature or veto so they become law. Several of these that say "Sent to the Governor" I think reach their default date this weekend. They had 20 days as I recall because they occured in the last week of the session or something like that.

Here is a list of the ones I was tracking that made it:

HB 48 Last Action: 05/25/2013 E Sent to the Governor
Caption: Relating to the procedure under which a person may renew a license to carry a concealed handgun.

HB 333 Last Action: 05/20/2013 E Sent to the Governor
Caption: Relating to requiring notice of a hotel's firearms policy and other guest policies; providing a criminal penalty.

HB 1862 Last Action: 05/27/2013 E Sent to the Governor
Caption: Relating to the criminal consequences of engaging in certain conduct with respect to a switchblade knife.

HB 3142 Last Action: 05/27/2013 E Sent to the Governor
Caption: Relating to handguns used to demonstrate proficiency in handgun use for purposes of obtaining a concealed handgun license.

SB 299 Last Action: 05/18/2013 E Effective on 9/1/13
Caption: Relating to the intentional display of a handgun by a person licensed to carry a concealed handgun.

SB 864 Last Action: 05/24/2013 E Effective on 9/1/13
Caption: Relating to a handgun proficiency course that is taken to obtain or renew a concealed handgun license.

SB 1907 Last Action: 05/28/2013 E Sent to the Governor
Caption: Relating to the transportation and storage of firearms and ammunition by concealed handgun license holders in private vehicles on the campuses of certain institutions of higher education.

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