Re: HB910 On Apr. 14 House Calendar for 2nd Reading
Posted: Thu Apr 09, 2015 7:38 pm
Will hb910 be amended when it gets to the senate? If so does it go back to the house?
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OC will not change where someone can legally carry with a CHL. Thus it really changes nothing. Campus carry would allow carry where it was prohibited before. Therefore if even one person carries on campus, it is one more than what OC would accomplish in regards to where one can carry. So IMO adding more places to carry is better then just changing how one can carry.mojo84 wrote:Nope! I don't know how many will take advantage of either. I do know that OC will be available to all 800,000+ CHLs where ever it's legal if they so choose to open carry. I'm pretty confident not all 800,000+ CHLs spend time on college campuses.
You seem to think I am disputing you. I just asked a question.
poppo wrote:OC will not change where someone can legally carry with a CHL. Thus it really changes nothing. Campus carry would allow carry where it was prohibited before. Therefore if even one person carries on campus, it is one more than what OC would accomplish in regards to where one can carry. So IMO adding more places to carry is better then just changing how one can carry.mojo84 wrote:Nope! I don't know how many will take advantage of either. I do know that OC will be available to all 800,000+ CHLs where ever it's legal if they so choose to open carry. I'm pretty confident not all 800,000+ CHLs spend time on college campuses.
You seem to think I am disputing you. I just asked a question.
"Better" was not part of the discussion, it was which bill impacted more CHL holders. One is objective and the other is subjective. I'm not going to argue with "better" which is a matter of opinion.poppo wrote:OC will not change where someone can legally carry with a CHL. Thus it really changes nothing. Campus carry would allow carry where it was prohibited before. Therefore if even one person carries on campus, it is one more than what OC would accomplish in regards to where one can carry. So IMO adding more places to carry is better then just changing how one can carry.mojo84 wrote:Nope! I don't know how many will take advantage of either. I do know that OC will be available to all 800,000+ CHLs where ever it's legal if they so choose to open carry. I'm pretty confident not all 800,000+ CHLs spend time on college campuses.
You seem to think I am disputing you. I just asked a question.
I will defer to those more knowledgeable of the Texas legislative process if what follows is not correct, but I believe if there are any amendments to HB910 (assuming it passes the House next week) once it gets to the Senate, then I think there would be a conference committee made up of both House and Senate members that would be convened to work out a compromise between the House and Senate versions of HB910. Both the House and the Senate would then have to approve the compromise bill which might be dicey to get done before the Legislature adjourns. As it stands right now, the language in the committee substitute of HB910 is almost identical to SB17 language as already passed in the Senate. Unless there are significant amendments required to pass HB910 next week in the House, I would anticipate that the Senate would pass HB910 without any further amendments. All of the preceding is my opinion only. I don't have any inside information and would welcome anyone who has such info to share it with the forum if possible.louisf1 wrote:Will hb910 be amended when it gets to the senate? If so does it go back to the house?
Interesting. I hope you're right. But I don't see anything there that prohibits a condition of employment. Indeed, my CHL allows me to legally carry at my workplace, but I won't be employed there if I do!Bladed wrote:Why do you think this provision is included in the bill?thechl wrote:And speaking of guessing, my guess is that teachers will be prohibited from carrying into the classroom as a condition of employment. I see nothing in the bill that stops a university from having a policy that states employees may not carry a handgun to work. Indeed, I live under such an employment policy now, even though I'm perfectly legal carring into my building as a customer.
The fact that universities wouldn't be able to prohibit faculty, staff, or students from carrying is the very reason the legislation is so controversial.[A]n institution of higher education...in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
A condition of employment would be considered a "rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution," which they "may not" do.thechl wrote:Interesting. I hope you're right. But I don't see anything there that prohibits a condition of employment. Indeed, my CHL allows me to legally carry at my workplace, but I won't be employed there if I do!Bladed wrote:Why do you think this provision is included in the bill?thechl wrote:And speaking of guessing, my guess is that teachers will be prohibited from carrying into the classroom as a condition of employment. I see nothing in the bill that stops a university from having a policy that states employees may not carry a handgun to work. Indeed, I live under such an employment policy now, even though I'm perfectly legal carring into my building as a customer.
The fact that universities wouldn't be able to prohibit faculty, staff, or students from carrying is the very reason the legislation is so controversial.[A]n institution of higher education...in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
Perhaps I, alone, see the distinction. I shall not repeat it.CJD wrote:thechl wrote:Interesting. I hope you're right. But I don't see anything there that prohibits a condition of employment. Indeed, my CHL allows me to legally carry at my workplace, but I won't be employed there if I do.Bladed wrote:Why do you think this provision is included in the bill?thechl wrote:And speaking of guessing, my guess is that teachers will be prohibited from carrying into the classroom as a condition of employment. I see nothing in the bill that stops a university from having a policy that states employees may not carry a handgun to work. Indeed, I live under such an employment policy now, even though I'm perfectly legal carring into my building as a customer.
The fact that universities wouldn't be able to prohibit faculty, staff, or students from carrying is the very reason the legislation is so controversial.[A]n institution of higher education...in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
A condition of employment would be considered a "rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution," which they "may not" do.
thechl wrote:Perhaps I, alone, see the distinction. I shall not repeat it.CJD wrote:thechl wrote:Interesting. I hope you're right. But I don't see anything there that prohibits a condition of employment. Indeed, my CHL allows me to legally carry at my workplace, but I won't be employed there if I do.Bladed wrote:Why do you think this provision is included in the bill?thechl wrote:And speaking of guessing, my guess is that teachers will be prohibited from carrying into the classroom as a condition of employment. I see nothing in the bill that stops a university from having a policy that states employees may not carry a handgun to work. Indeed, I live under such an employment policy now, even though I'm perfectly legal carring into my building as a customer.
The fact that universities wouldn't be able to prohibit faculty, staff, or students from carrying is the very reason the legislation is so controversial.[A]n institution of higher education...in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
A condition of employment would be considered a "rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution," which they "may not" do.
I just hope HB910, along with 226, 308, 905 and 937 all reach the governor's desk prior to pumpkin time.
There is already protection in place for guns in employee parking lots. It does not extend to inside the building.mojo84 wrote:
If that is correct, you may be on to something. Just because the legislature makes it legal doesn't mean it couldn't be prevented by rule in the employee handbook. Similar to the prohibition of guns in emplohee's cars while parked in the parking lot.
TVGuy wrote:There is already protection in place for guns in employee parking lots. It does not extend to inside the building.mojo84 wrote:
If that is correct, you may be on to something. Just because the legislature makes it legal doesn't mean it couldn't be prevented by rule in the employee handbook. Similar to the prohibition of guns in emplohee's cars while parked in the parking lot.
I'll defer to the attorneys in here, but I can't imagine that teachers and other staff would be the only protected class of employees in the state that would be shielded from an employer preventing CC in an employee handbook. How is that possible?
That provision serves no other purpose if it doesn't prevent colleges and universities from creating administrative policies against students, faculty, and/or staff carrying on campus.thechl wrote:Interesting. I hope you're right. But I don't see anything there that prohibits a condition of employment. Indeed, my CHL allows me to legally carry at my workplace, but I won't be employed there if I do!Bladed wrote:Why do you think this provision is included in the bill?thechl wrote:And speaking of guessing, my guess is that teachers will be prohibited from carrying into the classroom as a condition of employment. I see nothing in the bill that stops a university from having a policy that states employees may not carry a handgun to work. Indeed, I live under such an employment policy now, even though I'm perfectly legal carring into my building as a customer.
The fact that universities wouldn't be able to prohibit faculty, staff, or students from carrying is the very reason the legislation is so controversial.[A]n institution of higher education...in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
The difference between most employers and public colleges is that public colleges are STATE institutions, and their campuses are STATE property.mojo84 wrote:thechl wrote:Perhaps I, alone, see the distinction. I shall not repeat it.CJD wrote:thechl wrote:Interesting. I hope you're right. But I don't see anything there that prohibits a condition of employment. Indeed, my CHL allows me to legally carry at my workplace, but I won't be employed there if I do.Bladed wrote:Why do you think this provision is included in the bill?thechl wrote:And speaking of guessing, my guess is that teachers will be prohibited from carrying into the classroom as a condition of employment. I see nothing in the bill that stops a university from having a policy that states employees may not carry a handgun to work. Indeed, I live under such an employment policy now, even though I'm perfectly legal carring into my building as a customer.
The fact that universities wouldn't be able to prohibit faculty, staff, or students from carrying is the very reason the legislation is so controversial.[A]n institution of higher education...in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
A condition of employment would be considered a "rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution," which they "may not" do.
I just hope HB910, along with 226, 308, 905 and 937 all reach the governor's desk prior to pumpkin time.
I see what you are saying. Other than schools and universities, concealed carry is legal but employers can still prohibit as part of their employee rules. Your concern seems to be that the university could make a rule prohibiting their employees from carrying while working. Correct?
If that is correct, you may be on to something. Just because the legislature makes it legal doesn't mean it couldn't be prevented by rule in the employee handbook. Similar to the prohibition of guns in emplohee's cars while parked in the parking lot.