HB2178 filed - alternate version of campus carry

[artx]

Looks like Rep Driver has filed HB2178, an alternate version of campus carry.

Looking through HB 750 and HB 2178, the main differences (to me) look like:

HB750 limits CHL holders to TX licenses only, HB2178 makes no distinction
HB750 allows private colleges to prohibit CHL, HB2178 does not
HB750 has additional language about immunity, HB2178 does not
http://www.legis.state.tx.us/BillLookup ... ill=HB2178

[hirundo82]

I saw this bill last night and meant to start a thread about it this morning. I find this bill very concerning since it has major deficiencies compared to HB750 and was filed by the same author.

I'm not sure what the reason is behind this bill, but I suspect it is because representatives have been getting pressure from colleges to take the teeth out of the campus carry bill and allow them to prohibit carry by regulation.

Also, without the immunity provision schools will be even less likely to permit carry than they are now.

HB750 allows private colleges to prohibit CHL, HB2178 does not
http://www.legis.state.tx.us/BillLookup ... ill=HB2178

This is incorrect. Without the additions to Section 411 Subchapter H of the Government Code that HB750 makes but HB 2178 does not make, both public and private colleges could prohibit CHL by regulation. The public colleges AFAIK couldn't give §30.06 notice, like any other governmental entity, but they could still fire/expel their students or employees if they were found carrying.

[RPB]

Thanks, I went through the list filed earlier in the day yesterday and would have missed seeing that.
Yeah, Section 411 Subchapter H of the Government Code needs updating too but: .......
My brief analysis: (Summary at bottom)
-----------------------------
http://www.legis.state.tx.us/tlodocs/82 ... 02178I.htm" onclick="window.open(this.href);return false;

(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm,........

an activity sponsored by a school....... unless:

or

(B) the person possesses or goes on the physical
premises of an institution of higher education or private or
independent institution of higher education, or on any grounds or
building on which an activity sponsored by the institution is being
conducted, with a concealed handgun that the person is licensed to
carry pursuant to a license issued by the Department of Public
Safety under Subchapter H, Chapter 411, Government Code;

[ Like ]

(i-1) Subsection (b)(2) does not apply on the premises where
a collegiate sporting event is taking place if the actor was not
given effective notice under Section 30.06.

[ Like ]
SECTION 3. Section 46.11(c)(1), Penal Code, is amended to
read as follows:
(1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.

[ Like, I suppose ]

Texas Health & Safety Code - Section 481.134. Drug-Free Zones
(4) "Premises" means real property and all buildings and appurtenances pertaining to the real property.
----------------------------------------------------------------------

http://www.legis.state.tx.us/tlodocs/82 ... 02178I.htm" onclick="window.open(this.href);return false;

[RPB]

I copy/pasted my above post and e-mailed it to Driver, Title "HB2178 considerations"

[hirundo82]

That change makes no difference whatsoever to people, licensed or unlicensed, who are legally carrying a firearm in their car. The §46.03 and §46.035 definition of premises is unchanged.

This change only applies to §46.11, which is a penalty enhancement for weapons violations committed within 300 feet of a school. I believe it is in all versions of the campus carry bill.

[RPB]

That change makes no difference whatsoever to people, licensed or unlicensed, who are legally carrying a firearm in their car. The §46.03 and §46.035 definition of premises is unchanged.

This change only applies to §46.11, which is a penalty enhancement for weapons violations committed within 300 feet of a school. I believe it is in all versions of the campus carry bill.

My speed reading cost me comprehension , you are correct, sorry

I overlooked
SECTION 3. Section 46.11(c)(1), Penal Code, is amended to
read as follows:


Mia culpa on that point

Edited my previous post for removal of erroneous material and added the portion I left out

[oldtexan]

Mr. Cotton,

Could you shed some light on this?

[RPB]

I never really looked at some definitions before
In case someone wants to see what I just learned:


http://www.legis.state.tx.us/tlodocs/82 ... 02178I.htm" onclick="window.open(this.href);return false;
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.

http://www.statutes.legis.state.tx.us/d ... /ed.61.htm" onclick="window.open(this.href);return false;
61.003, Education Code
8) "Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in this section
(15) "Private or independent institution of higher education" includes only a private or independent college or university that is:
(A) organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);
(B) exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and
(C) accredited by:
(i) the Commission on Colleges of the Southern Association of Colleges and Schools;
(ii) the Liaison Committee on Medical Education; or
(iii) the American Bar Association.