2015 Bill Status Report

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2015 Bill Status Report

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Post by Charles L. Cotton » Tue Nov 11, 2014 3:35 pm

Color-coded and linked bills are available on the 2015 Bill Status Report on the Texas Firearms Coalition website. UPDATED: 6/2/15

HOUSE BILLS:

HB92 (White) Relating to the definition of an illegal knife.
Impact: Removes Bowie knife from definition of illegal knives and from a defense for historical reenactments . Still illegal to carry knives with blades over 5 1/2".
Position on Bill: Neutral. This bill does not help Texans.
Status: Filed 11/10/14; referred to Criminal Jurisprudence Committee 2/9/15; hearing 4/29/15 – left pending.

HB106 (Flynn, R, A+) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; providing penalties.
Impact: Creates licensed open-carry, but destroys the protections of Tex. Penal Code §30.06.
Position on Bill: Oppose, because of the amendment to Tex. Penal Code §30.06.
Status: referred to Homeland Security & Public Safety Committee 2/9/15; passed in the House 5/13/15.

HB118 (Flynn, R, A+) Relating to a fee waiver for a combination resident hunting and fishing license for certain military personnel.
Impact: Removes the fee for a combined hunting and fishing license for disabled veterans and active military.
Position on Bill: Neutral.
Status: Referred to Culture, Recreation and Tourism Committee 2/11/15; on Local & Consent Calendar 4/20/15; on General Calendar 5/8/15; passed House 5/12/15, referred to Veterans Affairs & Military Installations Committee 5/22/15.

HB148 (Menendez): Relating to the consumption of alcoholic beverages on certain premises; providing a penalty and authorizing a fee.
Impact: Changes to Tex. Gov't Code §411.204 and Tex. Penal Code §46.02 will create new off-limits locations for CHLs that do not even require a 51% sign.
Position on Bill: Oppose.
Status: Referred to Licensing & Administrative Procedures Committee 2/9/15.

HB152 (Harless, R, A) Relating to the authority of the voters of certain counties to authorize the county to regulate the sale and use of fireworks; providing penalties.
Impact: Deals with county regulation of fireworks.
Position on Bill: Neutral, but monitor to ensure firearms and sport shooting ranges are not added to the bill.
Status: Filed Referred to County Affairs Committee 2/9/15; public hearinf and left pending in committee 3/26/15.

HB153 (Harless, R, A) Relating to the adoption of noise regulations by certain counties; providing a criminal penalty; authorizing a fee.
Impact: Deals with county regulation of noise generated by loud speakers.
Position on Bill: Neutral, but monitor to ensure firearms and sport shooting ranges are not added to the bill.
Status: Referred to County Affairs Committee 2/9/15; public hearing 3/26/15, no action taken.

HB155 (Johnson): Relating to the use of force in defense of property.
Impact: Adds another requirement to be able to use force to defend property.
Position on Bill: Oppose.
Status: Referred to Criminal Justice Committee 2/9/15; public hearing 3/11/15; left pending.

HB164 (White) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; providing penalties.
Impact: Creates licensed open-carry and preserves the protection of Tex. Penal Code §30.06
Position on Bill: Support.
Status: Referred to Homeland Security & Public Safety Committee 2/9/15

HB172 (Stickland) Relating to municipal regulation of electric stun guns, knives, and personal defense sprays.
Impact: Adds stun guns, knives and personal defense sprays to the Texas preemption statute preventing municipal regulation thereof. However, it adds an unnecessary provision that guts much of the Texas Sport Shooting Range Protection law passed in 2011.
Position on Bill: Oppose unless the proposed Tex. Local Gov't Code §229.(b)(10) is removed.
Status: Referred to Homeland Security & Public Safety Committee 2/12/15; public hearing 3/24/15, left pending.

HB176 (Kleinschmidt, R, A+) Relating to protection of the right to keep and bear arms within the State of Texas.
Impact: Attempts to invalidate certain federal gun laws. Also prohibits state law enforcement officer from enforcing certain federal laws.
Position on Bill: Support.
Status: Referred to Select Committee on State/Federal Power Responsibility 2/12/15.

HB195 (Stickland, R) Relating to the carrying of handguns; providing for the open carrying of handguns; removing the requirement that a person who may lawfully possess handguns obtain a Concealed Handgun License in order to carry a handgun lawfully in the state of Texas, and conforming changes.
Impact: Created unlicensed open or concealed carry; retains all current off-limits areas.
Position on Bill: Neutral.
Status: Referred to Homeland Security & Public Safety Committee 2/10/15.
Analysis & Comment: The Bill contains vague language dealing TPC §30.06 that will likely be used by intellectually dishonest prosecutors to claim that TPC §30.06 applies to both open and concealed carry. Also, current subsection §46.02(A-1)(A) [amended by HB195 to be §46.02(a)(1)] should be repealed as it subjects a person to arrest and conviction for unlawful carrying of a weapon for any unlawful act, other than traffic violations. Even Class C misdemeanors such as littering will support an arrest and conviction. This provision currently applies only to handguns in cars, but HB195 would apply it to carrying handguns everywhere! If the above-identified language is removed in a committee substitute, the Bill will be supported, otherwise it will be opposed.

HB198 (Huberty) Relating to the carrying of concealed handguns by certain persons attending a school board meeting.
Impact: Would allow school board members and school superintendents to carry handguns at school board meetings.
Position on Bill: Oppose.
Status: Referred to Public Education Committee 2/12/15.

HB206 (Leach) Relating to an exemption from the sales tax for firearms and hunting supplies for a limited period.
Impact: Creates a sales tax free day for purchasing firearms and hunting supplies.
Position on Bill: Support.
Status: Referred to Ways & Means Committee 2/10/15; public hearing 4/7/15, left pending.

HB223 (Guillen, D) Relating to acceptable conduct of students in kindergarten through grade five.
Impact: Protects school children from K - 5th grades from being disciplined for certain acts related to firearm representations.
Position on Bill: Support.
Status: Referred to Public Education Committee 2/10/15.

HB226 (Guillen, D) Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.
Impact: Creats a civil penalty for local governments and agencies that post unenforceable 30.06 signs.
Position on Bill: Support, but demand amendment to allow for private causes of action.
Status: Referred to Homeland Security & Public Safety Committee 2/12/15; public hearing 3/10/15; reported favorably 3/23/15; in Calendars 4/14/15; considered in Calendars 5/7/15; on House Calendar 5/12/15.

HB278 (Ashby) Relating to authorizing certain attorneys representing the state to openly carry a handgun.
Impact: Would allow government attorneys to carry handgun openly.
Position on Bill: Oppose.
Status: Referred to Homeland Security & Public Safety Committee 2/11/15; public hearing 3/26/15; reported favorably 3/26/15; on Local & Consent 4/1/15; transferred to 5/1/15; on House Calendar for 5/13/15.

HB284 (Springer, R, A+)
Impact: Sets the minimum caliber for CHL qualification to .22.
Companion Bill: SB179 by Perry.
Position on Bill: Support.
Status: Referred to Homeland Security & Public Safety Committee 2/11/15; public hearing & reported favorably as substituted 3/26/15; on Local & Consent 4/1/15; transferred to Calendar 5/1/15; on House Calendar 5/12/15.

HB291 (Huberty) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; providing penalties.
Impact: Creates licensed open-carry, but destroys the protections of Tex. Penal Code §30.06. (Appears identical to HB106.)
Position on Bill: Oppose, because of the amendment to Tex. Penal Code §30.06.
Status: Referred to Homeland Security & Public Safety Committee 2/11/15.

HB308 (Springer, R, A+) Relating to the places where a person may carry a handgun if the person is licensed to carry a concealed handgun.
Impact: Removes off-limits locations currently applicable for Concealed Handgun Licensees, as set out in TPC §46.03 and §46.035.
Position on Bill: Support this excellent bill! It is arguably the most important Bill for CHL's since the passage of SB60 in 1995.
Status: Referred to Homeland Security & Public Safety Committee 2/11/15; public hearing 3/24/15; voted favorably as substituted 5/5/15; in Calendars 5/8/15.

HB353 (King, Ken) Relating to the application of certain weapons laws to certain volunteer emergency services personnel licensed to carry a concealed handgun.
Impact: Makes TPC §30.06 inapplicable to volunteer emergency service providers answering calls and it removes all off-limits areas for such persons.
Position on Bill: Oppose.
Status: Referred to Homeland Security & Public Safety Committee 2/12/15; public hearing 3/10/15; reported favorably as substituted 3/24/15; to Calendars 3/31/15; passed as amended 5/7/15; passed House 5/7/15; in Senate 5/11/15; referred to State Affairs Committee 5/12/15.
Analysis & Comment: This Bill does two things; it makes TPC §30.06 inapplicable to volunteer emergency service personnel answering calls; and it removes off-limits locations found in TPC §46.035(b)&(c). These apply only to counties with population under 50,000. Rendering TPC §30.06 inapplicable to emergency service personnel answering calls is a very good provision and it should be applicable regardless of a county's population. However, there should not be any preferential treatment of any subset of CHLs; it is time to remove all off-limits locations for all CHLs. If Section 3 of the Bill exempting emergency personnel from TPC §46.035(b)&(c) is removed, then this Bill should be supported.

HB413 (Goldman) Relating to protection of the right to keep and bear arms within the State of Texas.
Impact: Attempts to invalidate certain federal gun laws. Also prohibits state law enforcement officer from enforcing certain federal laws.
Position on Bill: Support.
Companion: Identical to HB176
Status: Filed 11/10/15; referred to Select Committee on State & Federal Power and Responsibility Committee 2/16/15; public hearing and left pending 3/19/15.

HB415 (Riddle, R, A+) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; providing penalties.
Impact: Creates licensed open-carry, but destroys the protections of Tex. Penal Code §30.06.
Position on Bill: Oppose, because of the amendment to Tex. Penal Code §30.06.
Companion: Identical to HB106 and HB291
Status: Filed 12/1/14; referred to Homeland Security & Public Safety Committee 2/16/15.

HB421 (Krause): Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.
Impact: Purports to exempt firearms/accessories and ammo manufactured in Texas from federal regulations.
Position on Bill: Support.
Status: Filed 12/1/14; referred to Select Committee on State & Federal Power and Responsibility Committee 2/16/15; public hearing and left pending 4/9/15.
Analysis & Comment: State law cannot nullify federal law. However, this bill like others before it send a clear statement to the federal government about the 10th Amendment to the U.S. Constitution. TFC has been neutral on such bills in prior sessions, but in view of increasing propensity of the current administration to ignore the mandates of the U.S. Constitution, it is time for all states to take a stand.

HB422 (Krause):Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Impact: Prohibits any Texas governmental agency from enforcing certain federal gun laws.
Position on Bill: Support.
Status: Filed 12/1/14; referred to Select Committee on State & Federal Power and Responsibility Committee 2/16/15; public hearing scheduled 4/23/15; voted favorably without amendment 5/6/15.; in Calendars 5/11/15.
Analysis & Comment: Unlike an attempt to nullify federal law, a state can prohibit its law enforcement agencies and other units of local government from enforcing or aiding in the enforcement of federal gun laws.

HB554 (Springer, R, A+) Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.
Impact: Creates a defense to prosecution and a prohibition on arrest if a CHL inadvertently carries a handgun into the security area of an airport. Police cannot arrest a person unless they advise them of their ability to leave the security area and the CHL fails to do so.
Position on Bill: Support.
Status: Filed 12/18/14; public hearing in Homeland Security & Public Safety Committee 3/10/15; reported favorably as amended 3/17/15; considered in Calendars 4/20/15; passed as amended 5/7/15; in Senate 5/11/15, referred to State Affairs Committee, reporteed favorably without amendments; passed as amended 5/24/15; House concurred 5/27/15, to Governor 5/30/15.
Companion: HB571 by Pickett

HB571 (Picket, D, C) Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.
Impact: Creates a defense to prosecution and a prohibition on arrest if a CHL inadvertently carries a handgun into the security area of an airport. Police cannot arrest a person unless they advise them of their ability to leave the security area and the CHL fails to do so.
Position on Bill: Support, but Rep. Springer's bill first.
Status: Filed 12/18/14; referred to Homeland Security & Public Safety Committee 2/19/15.
Companion: HB554 by Springer (This is the preferred bill.)
Analysis & Comment: This Bill is identical to Rep. Springer's HB554. It is unclear whey Pickett would file a pro-gun bill since his one term as Chairman of the House Homeland Security & Public Safety Committee revealed a clear anti-gun philosophy. Only pressure form the Speak prompted him to let some pro-gun bills in his committee come up for a vote. He also revealed his amazing arrogance in comments about gun bills. Support Rep. Springer's HB554, rather than this face-saving attempt by Pickett.

HB573 (White): Relating to a defense to prosecution for the offense of possessing or carrying a firearm on the premises of a polling place.
Impact: This Bill would allow election judges and clerks who have a CHL to carry handguns on the premises of a polling place on election day.
Position on Bill: Oppose.
Status: Filed 12/23/14; referred to Crimminal Jurisprudence Committee 2/18/15; hearing 5/6/15, withdrawn 5/6/15.

HB695 (Springer, R, A+): Relating to the carrying of a concealed handgun by the holder of a concealed handgun license on hospital or nursing home premises; authorizing a penalty.
Impact: Removes public hospitals and nursing homes from the statutorily off-limits list; requires private hospitals and nursing homes to station an armed guard in uniform at every entrance in order to use TPC §30.06 to bar armed CHLs.
Position on Bill: Support.
Status: Filed 1/14/15. Referred to Homeland Security & Public Safety Committee 3/5/15.

HB712 (Springer, R, A+): Relating to an exemption from the sales tax for Firearms and Firearm supplies for a limited period.
Impact: Exempts guns and hunting supplies from sales tax for one weekend per year.
Position on Bill: Support.
Status: Referred to House Ways and Means Committee 2/23/15; public hearing and left pending 4/7/15.

HB805 (Keough): Relating to authorizing a license holder to carry a concealed handgun on certain premises.
Impact: Further limits the use of TPC §30.06 by entities that private persons and entities that receive public money and removes several locations from the list of prohibited areas for armed CHLs.
Position on Bill: Support.
Status: Referred to Homeland Security & Public Safety Committee 2/23/15; public hearing 4/14/15, left pending.

HB849 (Paddie): Relating to an exemption from the sales tax for firearms and hunting supplies for a limited period.
Impact: Sales tax exemption on firearms and hunting supplies for one weekend in August.
Position on Bill: Support.
Statuts: Filed 1/21/15; referred to Ways and Means Committee 3/2/15; public hearing 4/7/15; reported favorably as substituted 4/16/15; passed to 3rd reading 5/7/15; on calendar for 5/8/15; passed House 5/12/15; referred to Finance Committee 5/15/15.

HB905 (Frullo): Relating to the regulation of knives by a municipality or county.
Impact: Adds knives to the state preemption statute preventing regulation by cities.
Position on Bill: Support.
Status: Filed 1/23/15; in Homeland Security & Public Safety Committee 2/26/15; public hearing and voted favorably as substituted 3/26/26; passed House 5/5/15; in Senate 5/6/15; referred to Criminal Jurisprudence 5/11/15; reported favorably without amendment, passed 5/26/15; to Governor 5/29/15.

HB910 (Philips): Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating a criminal offense; providing penalties.
Impact: Removes the requirement for a CHL to conceal their handgun. It preserves the application of TPC §30.06 only to concealed handguns and creates an entirely new TPC §30.07 applicable only to openly carried handguns. The Bill has 4 Authors and 40 Co-Authors at this time.
Position on Bill: Support.
Status: Referred to Homeland Security & Public Safety Committee 2/25/2015; public hearing scheduled for 8:00am on 3/17/15; reported favorably as amended 3/26/15; to Calendars 4/15/15; final passage in House 4/21/15; in Senate 4/21/15; to State Affairs 5/6/15; reported favorably as amended 5/19/15, passed with amendments 5/23/15; House refused to concur 5/27/15, Conference Committee Report adopted by House and Senate 5/29/15; to the Governor 6/1/15.

HB922 (Leach): Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun; creating an offense; providing penalties.
Impact: Creates licensed open-carry, but guts TPC §30.06 by applying it to both open and concealed carry and removing the specific language required for a §30.06 sign.
Position on Bill: Oppose this horrible bill!
Status: Referred to Homeland Security & Public Safety Committee 2/25/2015.

HB937 (Fletcher, R, A+): Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.
Impact: This is a "campus-carry" bill that allows CHLs to carry everywhere on campus, with some limitations.
Position on Bill: Support this Bill that is critical to student safety.
Companion Bill: SB11
Status: Filed 1/26/2015; referred to Homeland Security & Public Safety Committee 3/5/15; public hearing scheduled for 8:00am on 3/17/15 and left pending; 2nd hearing 3/31/15 and referred favorably as substituted; in Calendars 4/15/15; considered in Calendars 5/7/15.

HB989 (Frullo): Relating to defenses and exceptions to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain prohibited explosive weapons, firearms, and related items.
Impact: Makes the lack of NFA registration or designation as a "curio" an element of the crime, rather than a defense to prosecution.
Position on Bill: Support.
Companion: SB473 by Perry.
Status: Filed 1/28/15; to Criminal Jurisprudence 3/2/15; hearing on 3/18/15; voted favorably without amendment 4/8/15; in Calendars 4/15/15; considered in Calendars 5/7/15; 2nd reading 5/6/15 - postponed; companion SB473 considered in lieu of HB989.

HB1154 (Leach): Relating to the issuance of a concealed handgun license.
Impact: Requires DPS to issue a temporary CHL immediately upon application, to be good until the permanent CHL is issued.
Position on Bill: Neutral.
Status: Referred to Homeland Security & Public Safety Committee 3/3/15.
Analysis & Comment: This Bill could be valuable to people who apply for a CHL because of a serious and immediate threat to their safety. However, it also risks the NICS exemption for a Texas CHL. If BATFE is willing to exempt a regular CHL but not a temporary one, then this would be a good bill.

HB1179 Geren, R, A): Relating to the duties of certain law enforcement officials under procedures regulating the making or transfer of firearms.
Impact: Requires a chief law enforcement officer to sign an ATF form, or provide specific reasons to the applicant as to why he/she cannot sign. The denial is appealable in district court and an applicant who successfully appeals must be awarded court costs and reasonable attorney fees.
Position on Bill: Support.
Companion: SB476 by Kolkhorst.
Status: Referred to Homeland Security & Public Safety Committee 3/3/15; public hearing 3/10/15; voted favorably from committee 3/11/15; to Calendars 3/13/15; considered in Calendars 4/23/15.

HB1509 (Sheets): Relating to the prosecution of the offense of unlawful carrying of weapons.
Impact: Allows a non-CHL to possess handguns on private property, motor vehicles or boats that below to other persons, if the owner gives permission.
Position on Bill: Support.
Companion: SB439 by Hall.
Status: Filed 2/17/15; to Homeland Security & Public Safety 3/10/15; hearing on 3/24/15; voted favorably without amendments 3/26/15; in Calendars 4/2/15; considered in Calendars 4/28/15.

HB1627 (Coleman, D, F-): Relating to the use of deadly force in defense of a person or property.
Impact: Reestablishes a retreat duty everywhere outside one's home; makes it unlawful to use deadly force to prevent robbery or aggravated robbery.
Position on Bill: Oppose this terrible Bill.
Status: Filed 2/19/15l to Criminal Jurisprudence 3/9/15; hearing on 3/18/15 and left pending.

HB1649 (Turner, R, A): Relating to the transportation and storage of firearms and ammunition in private vehicles on the campuses of institutions of higher education.
Impact: Allows all students to have firearms and ammunition in their personal vehicles on campus, not just those with a CHL.
Position on Bill: Support.
Status: Filed 2/19/15. Referred to Homeland Security & Public Safety Committee 3/9/15; hearing on 4/7/15; govered favorably 4/14/15; in Calendars 4/17/15; considered in Calendars 5/11/15.

HB1651 (Turner, R, A): Relating to the authority of a person who is licensed to carry a handgun to openly carry a secured handgun; creating a criminal offense; providing penalties.
Impact: Licensed open-carry bill with good language regarding holsters and other retention devices.
Position on Bill: Support.
Status: Filed 2/19/15. Referred to Homeland Security & Public Safety Committee 3/9/15.

HB1737 (Fallon, R): Relating to an exemption from the sales tax for firearms and hunting supplies for a limited period.
Impact: See above.
Position on Bill: Support.
Status: Filed 2/20/15; in Ways & Means 3/15/15.

HB1751 (Simpson): Relating to the execution or enforcement of federal laws that violate the Bill of Rights of the Texas Constitution.
Impact: Would prohibit employees of the State or local agencies from aiding in the enforcement of certain federal gun laws.
Position on Bill: Support.
Status: Filed 2/20/15; referred to Select Committee on State and Federal Power & Responsibility 3/13/15; public hearing 4/30/15, left pending.

HB2190 (Anchia, D): Relating to the creation of certain offenses concerning firearm sales at gun shows; authorizing a fee.
Impact: Another "gun show" bill to require all sales to undergo a background check.
Position on Bill: Oppose.
Companion: Similar to SB258 by F-Rated Sen. Ellis.
Status: Filed and referred to Homeland Security & Public Safety Committee 3/12/15.

HB2269 (Metcalf): Relating to the unlawful seizure of a firearm by a governmental officer or employee; creating an offense.
Impact: Creates an offense for Texas law enforcement officer seizing firearms pursuant to certain federal laws.
Position on Bill: Support.
Status: Filed 3/3/15; referred to Homeland Security & Public Safety Committee 3/13/15; public hearing 3/31/15; referee favorably as substituted 4/14/15; in Calendars 4/21/15; on House Calendar 5/13/15.

HB2359 (Bohac): Relating to prohibiting the Department of Public Safety from responding to bulk requests from the federal government for lists of individuals licensed to carry a concealed handgun; creating a criminal offense.
Impact: Prohibits the disclose of a bulk list of information concerning CHL’s.
Position on Bill: Support.
Status: Filed 3/4/15; referred to Homeland Security & Public Safety Committee 3/13/15; public hearing 4/7/15; referred favorably as substituted 5/5/15; in Calendars 5/8/15; on House Calendar 5/13/15.

HB2373 (Dutton, D, F): Relating to the creation of a task force to conduct a study and develop recommendations to alleviate the incidence of gun violence in this state.
Impact: The Bill would create a sham of a "tack force" to studey so-called "gun violence" in Texas and make recommendations. The required make-up is tacked with anti-gun, anti-Second Amendment hacks.
Position on Bill: Oppose.
Status: Filed 3/4/15; in Homeland Security & Public Safety 3/17/15.

HB2445 (White, James): Relating to conduct that constitutes the offense of displaying a firearm in a public place.
Impact: Repeals Tex. Penal Code §42.01(a)(8) that creates an offence for displaying a firearm in a certain manner. This provision has been abused.
Position on Bill: Support
Status: Filed 3/4/15; Homeland Security & Public Safety 3/16/15; hearing 4/21/15 and left pending.

HB2405 (Nevarez, D, F): Relating to the notice given by a property owner prohibiting a concealed handgun license holder from carrying a handgun on certain property.
Impact: Guts Tex. Penal Code §30.06 by repealing the requirements for specific wording and size of §30.06 signs.
Position on Bill: Oppose this terrible Bill!
Status: Filed 3/5/15; referred to Homeland Security & Public Safety Committee 3/13; set for public hearing 4/7/15 and left pending.

HB2625 (Tinderholt): Relating to a waiver of concealed handgun license renewal fees for qualified handgun instructors.
Impact: Removes the fee for obtaining or renewing a CHL for CHL Instructors.
Position on Bill: Support.
Status: Filed 3/9/15; Homeland Security & Public Safety 3/16/15.

HB2918 (Villaba): Relating to the prosecution of the offense of interference with public duties; increasing a penalty.
Impact: The Bill would make recording of a peace officer performing his duty or exercising his authority a Class B misdemeanor, if done within 25 feet of the officer. It becomes a Class A misdemeanor for a CHL to do so within 100 feet of the officer, if the CHL is armed. It is a defense to prosecution that the person recording is a member of the media as defined in the Bill.
Position on Bill: Oppose this terrible Bill.
Status: Filed 3/10/15; in Emerging Issues in Texas Law Enforcement 3/18/15; hearing 3/26/15, no action.
Analysis & Comment: This Bill is undoubtedly the result of Kory Watkins' COP Watch activities, but it is grossly overboard and unconstitutional. It would even apply to a CHL who was stopped on traffic and using a dash camera or body camera, or video recording by any other person in the driver's vehicle.

HB2999 (Landgraf): Relating to restrictive covenants regarding firearms or firearms ammunition.
Impact: Prevents inclusion and/or enforcement of real property covenants or HOA rules that regulate firearms or ammo, or discharge of same.
Position on Bill: Support.
Status: Filed 3/11/15; referred to Homeland Security & Public Safety Committee 3/24/15; public hearing 4/7/15; referred favorably as substituted 4/14/15; in Calendars 5/6/15; on House General Calendar 5/12/15.

HB4061(James White, R): Relating to the regulation of firearms, air guns, ammunition, and firearm and air gun supplies; imposing a civil penalty.
Impact: Expands state preemption statute by providing a cause of action for declaratory relief.
Position on Bill: Support
Status: Filed 3/13/15; referred to Homeland Security & Public Safety Committee 3/24/15; public hearing 4/14/15; referred favorably as substituted 4/16/15; in Calendars 4/21/15.


SENATE BILLS

SB11 (Birdwell, R, A+): Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.
Impact: This is a "campus-carry" bill that allows CHLs to carry everywhere on campus, with some limitations.
Position on Bill: Support this Bill that is critical to student safety.
Companion Bill: HB937
Status: Referred to State Affairs Committee; public hearing 2/12/12 at 9:00am - Voted favorably 7-0 with 1 amendment; on Intent Calendar for 2/23/15; passed 3/19/15; in House 3/15/15; referred to Homeland Security & Public Safety Committee 5/5/15; Senate refused to concur 5/28/15, Conference Committee Report adopted by Senate 5/30/15 and by House 5/31/15; to teh Governor 6/1/15.

SB17 (Estes, R, A+): Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating a criminal offense; providing penalties.
Impact: Removes the requirement for a CHL to conceal their handgun. It preserves the application of TPC §30.06 only to concealed handguns and creates an entirely new TPC §30.07 applicable only to openly carried handguns.
Position on Bill: Support.
Companion: Replaces HB346; HB910 - Identical.
Status: Referred to State Affairs Committee; public hearing 2/12/12 at 9:00am - Voted favorably 7-0 with 1 amendment; on Senate Calendar for 3/16/15; [assed 3/17/15; in House 3/18/15; referred to Homeland Security & Public Safety Committee 5/5/15..

SB124 (West, D) Relating to certain criminal offenses concerning the unlawful transfer or purchase of certain weapons.
Impact: Expands the scope of Tex. Penal Code §46.06 to certain purchases of firearms making it unlawful to purchase with intent to transfer under certain vague and ambiguous circumstances. This is a classic Sen. Royce West anti-gun, anti-gun owner bill. It is intentionally vague so as to be a trap for unsuspecting persons.
Position on Bill: Oppose.
Status: Referred to Criminal Justice Committee 1/27/15.

SB179 (Perry) Relating to the handgun proficiency required to obtain or renew a concealed handgun license.
Companion Bill: HB284 by Rep. Springer
Impact: Sets the minimum caliber for CHL qualification to .22.
Position on Bill: Support.
Status: Referred to State Affairs Committee 1/27/15. Public hearing set for 9:00am on 3/2/15. Voted favorably from Committee 3/9/15; passed 3/24/15; in House 3/25/15; referred to Homeland Security & Public Safety Committee 5/5/15; public hearing and reported favorably 5/8/15.

SB228 (Creighton) Relating to an exemption from the sales tax for firearms and hunting supplies for a limited period.
Impact: Creates a sales tax free day for purchasing firearms and hunting supplies.
Position on Bill: Support.
Companion: HB206
Status: Filed 12/5/14; to Finance Committee 1/28/15; hearing 4/21/15; passed 4/30/15; in House 4/30/15; referred to Ways & Means Committee 5/4/15; scheduled for public hearing and withdrawn on 5/12/15.

SB229 (Creighton) Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.
Impact: Creates an offence for any employee of a Texas governmental agency seizing a firearm under federal law, with exceptions.
Position on Bill: Neutral
Status: Referred to State Affairs Committee 1/28/15.

SB256 (Ellis, D, F): Relating to creating an offense for the unlawful possession or transfer of a large-capacity magazine.
Impact: Makes it unlawful to possess, sell or manufacture magazines that hole more than 20 rounds.
Position on Bill: Oppose.
Status: Referred to State Affairs Committee 1/28/15.

SB257 (Ellis, D, F): Relating to the reporting of a lost or stolen firearm; providing criminal penalties.
Impact: 1) It creates an offense if a person is the victim of a theft or loss of their firearm and the theft/loss if not reported to a law enforcement agency within 48 hours. 2) It requires reports of all stolen/lost firearms be made to DPS and that DPS conduct vague reporting and analysis.
Position on Bill: Oppose this terrible Bill!
Status: Filed 12/19/14; to State Affairs Committee 1/28/15.
Analysis & Comment: This is vintage Sen. Ellis anti-gun garbage. This absurd Bill would transform victims into criminals when they fail to report a theft within 48 hours of the theft, even when they didn't know it has occurred. It also places an unreasonable burden on DPS to collect, analyze and report data that will not serve to prevent crime. Sen. Ellis has never seen an anti-gun law he didn't love or a gun owner he didn't hate.

SB258 (Ellis, D, F) Relating to the creation of certain offenses concerning firearm sales at gun shows.
Impact: Requires background checks on all sales at gun shows, including parking lots.
Position on Bill: Oppose.
Status: Filed 12/19/14; to Start Affairs Committee 1/28/15.
Analysis & Comment: This is vintage Rodney Ellis anti-gun garbage. It would not only require background checks at gun shows, in violation of federal law limiting access to the NICS database, it would require recordkeeping by individuals, 30 day prior notice to law enforcement and local government officials. Sen. Rodney Ellis has never filed a gun bill to help expand Second Amendment rights, but he does not hesitate to file anti-gun bills that are unnecessary and burdensome.

SB259 (Ellis, D, F) Relating to criminal history background checks in connection with firearm transfers; creating offenses.
Impact: Makes the Texas DPS the Point of Contact (POC) for all firearms transfers
Position on Bill: Oppose.
Status: Referred to State Affairs Committee 1/28/15.
Analysis & Comment: This Bill would require the Texas DPS to start handing all NICS background checks instead of the BATFE/FBI. In addition to othe onerous provisions, it would create a huge increase the DPS workload for absolutely no reason. Undoubtedly, it would result in delays in approvals simply because DPS would not be sufficiently funded to handle the workload.

SB273 (Campbell, R, A+): Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity; providing a civil penalty.
Impact: Creats a civil penalty for local governments and agencies that post unenforceable 30.06 signs.
Position on Bill: Support, but demand amendment to allow for private causes of action.
Companion: HB226 - Identical.
Status: Referred to State Affairs Committee 1/28/15. Public hearing set for 9:00am on 3/2/15. Voted favorably from Committee, as substituted 3/9/15; passed 3/18/15; in House 3/18/15; referred to Homeland Security & Public Safety Committee 5/1/15; voted favorably without amendment 5/5/15; in Calendars 5/8/15; passed House 5/22/15; to Governor 5/26/15.

SB301 (Taylor): Relating to school marshals for private schools.
Impact: Allows private schools to have school marshalls. Also removes the requirement that a marshall be an employee of the school.
Position on Bill: Support.
Status: Referred to Education Committee 2/2/15.

SB311 (Campbell, R, A+): Relating to certain offenses involving the carrying of concealed handguns by license holders and to defenses and exceptions to the prosecution of those offenses.
Impact: Removes public hospitals and nursing homes from the statutorily off-limits list.
Position on Bill: Support.
Status: Referred to State Affairs Committee 2/2/15.

SB438 (Hall, Bob, R, A): Relating to prohibiting public funds from being used to enforce certain federal or international laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Impact: Prohibits the sue of public funds to enforce certain federal gun laws.
Position on Bill: Support.
Status: Referred to State Affairs Committee 2/9/15.

SB439 (Hall, R, A): Relating to the prosecution of the offense of unlawful carrying of weapons.
Impact: Allows a non-CHL to possess handguns on private property, motor vehicles or boats that below to other persons, if the owner gives permission.
Position on Bill: Support.
Companion: HB1509 by Sheets.
Status: Referred to State Affaris Committee 2/9/15.

SB342 (Huffines): Relating to providing for the open and concealed carrying of handguns without a license and to related offenses and penalties.
Impact: Would allow the carrying of handguns openly or concealed without the need to obtain a license. Guts TPC §30.06 and applies it to both open and concealed carry.
Position on Bill: Oppose this terrible Bill.
Status: Filed 1/23/2015.

SB343 (Huffines): Relating to the conformity of local law with state law.
Impact: When state law addresses an issue, this bill would prohibit local governments from enacting regulations that conflict or are more restrictive than state law.
Position on Bill: Support this excellent and greatly needed bill!
Status: Referred to State Affairs Committee 2/2/15.
Analysis & Comment: Cities are notorious for passing city ordnances or other regulations that either conflict with state law, are more restrictive than state law, or that prohibits actions that the legislature has rejected. This would apply to firearms, cell phone usage, and countless other activities.

SB346 (Estes, R, A+): Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun; creating a criminal offense; providing penalties.
Impact: Removes the requirement for a CHL to conceal their handgun. It preserves the application of TPC §30.06 only to concealed handguns and creates an entirely new TPC §30.07 applicable only to openly carried handguns.
Position on Bill: Support.
Companion: HB910 - Identical.
Status: Filed 1/28/2015; to State Affairs Committee 2/2/15.

SB473 (Perry, R): Relating to defenses and exceptions to the prosecution of the criminal offense of the possession, manufacture, transport, repair, or sale of certain prohibited explosive weapons, firearms, and related items.
Impact: Makes the lack of NFA registration or designation as a "curio" an element of the crime, rather than a defense to prosecution.
Position on Bill: Support.
Companion: HB989 by Frullo.
Status: Referred to State Affairs Committee 2/10/15; hearing 4/13/15; passed 4/20/15; in House 4/21/15; referred to Criminal Jurisprudence 4/30/15; voted favorably without amendment 5/4/15; on House Calendar 5/8/15; final passage 5/11/15.

SB476 (Kolkhorst, R): Relating to the duties of certain law enforcement officials under procedures regulating the making or transfer of firearms.
Impact: Requires a chief law enforcement officer to sign an ATF form, or provide specific reasons to the applicant as to why he/she cannot sign. The denial is appealable in district court and an applicant who successfully appeals must be awarded court costs and reasonable attorney fees.
Position on Bill: Support.
Companion: HB1179 by Geren.
Status: Referred to State Affairs Committee 2/10/15; public hearing 3/10/15; voted favorably without amendment 4/14/15; passed 4/22/15; in House 4/22/15; referred to Homeland Security & Public Safety Committee 5/5/15; voted favorably without amendment 5/5/15; in Calendars 5/7/15.

SB717 (Hall, Bob, R, A): Relating to the issuance of a concealed handgun license.
Impact: Requires DPS to issue a temporary CHL immediately upon application, to be good until the permanent CHL is issued.
Position on Bill: Neutral.
Status: Referred to State Affairs Committee 3/2/15.
Companion: HB1154 by Turner, Scott - Identical.
Analysis & Comment: This Bill could be valuable to people who apply for a CHL because of a serious and immediate threat to their safety. However, it also risks the NICS exemption for a Texas CHL. If BATFE is willing to exempt a regular CHL but not a temporary one, then this would be a good bill.
Constitutional Amendments:

HJR56 - Proposing a constitutional amendment to remove legislative authority to regulate the wearing of arms. Left pending in Homeland Security & Public Safety Committee.

HJR61 - Proposing a constitutional amendment relating to the right to hunt, fish, and harvest wildlife. Died in Calendars Committee, but SJR22 was adopted.

SJR22 - Proposing a constitutional amendment relating to the right to hunt, fish, and harvest wildlife. Hearing in Senate Agriculture, Water & Rural Affairs Committee at 2:00pm or 30 min. after adjournment 3/16/15. Passed 5/20/15.
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