HB 560 - Holy Grail?

[mr1337]

Here it is, probably the most anticipated bill of the session for the likes of us: HB 560

Looks like this bill:

• Nullifies enforcement of gun-free zones on all government property
• Clarifies school activity "portion of a building" and "grounds" prohibition
• Clarifies voting location "portion of a building" prohibition
• Modifies 46.035(a), (d) [first offense], and (e) to be class C misdemeanors
• Exempts LTC holders from 46.03
• Removes 51% sign prohibition (if I'm reading it correctly)

[mr1337]

Also does anyone know if the bill is identical or similar to the one filed last session?

[casp625]

Also does anyone know if the bill is identical or similar to the one filed last session?

HB308 mainly gutted all of 46.035 and exempted LTC from 46.03 while this bill primarily exempts LTC from 46.03, reduces some penalties of 46.035.

[Papa_Tiger]

Also does anyone know if the bill is identical or similar to the one filed last session?

HB308 mainly gutted all of 46.035 and exempted LTC from 46.03 while this bill primarily exempts LTC from 46.03, reduces some penalties of 46.035.

It does a heck of a lot more than that:

SECTION 11. The following provisions are repealed:
(1) Section 104.06, Alcoholic Beverage Code;
(2) Sections 411.203 and 411.204, Government Code;
(3) Section 52.062(b), Labor Code;
(4) Section 46.03(f), Penal Code, as amended by Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th Legislature, Regular Session, 2015;
(5) Sections 46.035(b), (c), (f)(1), (i), (k), and (l), Penal Code; and
(6) Section 46.035(h-1), Penal Code, as added by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th Legislature, Regular Session, 2007.

[casp625]

Also does anyone know if the bill is identical or similar to the one filed last session?

HB308 mainly gutted all of 46.035 and exempted LTC from 46.03 while this bill primarily exempts LTC from 46.03, reduces some penalties of 46.035.

It does a heck of a lot more than that:

SECTION 11. The following provisions are repealed:
(1) Section 104.06, Alcoholic Beverage Code;
(2) Sections 411.203 and 411.204, Government Code;
(3) Section 52.062(b), Labor Code;
(4) Section 46.03(f), Penal Code, as amended by Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th Legislature, Regular Session, 2015;
(5) Sections 46.035(b), (c), (f)(1), (i), (k), and (l), Penal Code; and
(6) Section 46.035(h-1), Penal Code, as added by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th Legislature, Regular Session, 2007.

My fault. I completely missed that as I'm used to seeing strike through text on repealed portions. This bill does indeed eliminate a nice portion of 46.035 locations.

[treadlightly]

Man, that looks nice, but here's the question - what kind of nutcases will this bring out of the woodwork to make us all look like buffoons?

Removing the 51% restriction might sound like gun carriers want to get drunk and shoot the empties. Personally, I'd like to go to the best burger shack in town without disarming. It's a bar that defies certain prejudicial prototypes. It's motorcycle themed and quite family safe and friendly. The second time I went I saw a 51% sign and was surprised. It didn't seem like a place that should be off limits.

But I hate to think of theatrics on the State House steps, or drama queens in the legislative chambers gaining traction with blood-in-the-gutters fear mongering.

[Papa_Tiger]

If last session is any indication, the bill that was reported out of house committee was severely gutted. I wouldn't be surprised to see the same treatment this year as well.

[casp625]

Man, that looks nice, but here's the question - what kind of nutcases will this bring out of the woodwork to make us all look like buffoons?

Removing the 51% restriction might sound like gun carriers want to get drunk and shoot the empties. Personally, I'd like to go to the best burger shack in town without disarming. It's a bar that defies certain prejudicial prototypes. It's motorcycle themed and quite family safe and friendly. The second time I went I saw a 51% sign and was surprised. It didn't seem like a place that should be off limits.

But I hate to think of theatrics on the State House steps, or drama queens in the legislative chambers gaining traction with blood-in-the-gutters fear mongering.

Read an article back in 2010 that stated 22 states allow firearms in bars, which I'm assuming means at least 50% of states allow it. How many of these states have real issues?

On a side note, I'll be visiting Pennsylvania later in 2017 and it appears that with a LTC, the only places primarily off limits is schools, court houses, secure portions of airport (federal), any federal facilities, correction centers and mental hospitals. Signs carry no force of law and you must be asked to leave or charged with trespassing. Pretty reasonable, if you ask me, and probably won't have to disarm the entire trip.

[twomillenium]

[/quote]
Read an article back in 2010 that stated 22 states allow firearms in bars, which I'm assuming means at least 50% of states allow it. How many of these states have real issues?

On a side note, I'll be visiting Pennsylvania later in 2017 and it appears that with a LTC, the only places primarily off limits is schools, court houses, secure portions of airport (federal), any federal facilities, correction centers and mental hospitals. Signs carry no force of law and you must be asked to leave or charged with trespassing. Pretty reasonable, if you ask me, and probably won't have to disarm the entire trip. [/quote]
I hope they don't judge LTC's by math skill. 22 out of 50 is not at least 50%. I could be just me tho.

[casp625]

Read an article back in 2010 that stated 22 states allow firearms in bars, which I'm assuming means at least 50% of states allow it. How many of these states have real issues?

On a side note, I'll be visiting Pennsylvania later in 2017 and it appears that with a LTC, the only places primarily off limits is schools, court houses, secure portions of airport (federal), any federal facilities, correction centers and mental hospitals. Signs carry no force of law and you must be asked to leave or charged with trespassing. Pretty reasonable, if you ask me, and probably won't have to disarm the entire trip.

I hope they don't judge LTC's by math skill. 22 out of 50 is not at least 50%. I could be just me tho.

I was assuming in the last 6 years at least three states might have amended their laws in which carrying in a bar was legal from 2010 to 2016. I was being lazy in research and read the first article on the subject which was dated 2010

[treadlightly]

Read an article back in 2010 that stated 22 states allow firearms in bars, which I'm assuming means at least 50% of states allow it. (snip)

I hope they don't judge LTC's by math skill. 22 out of 50 is not at least 50%. I could be just me tho.

Well, in six years three more states might well have allowed it. I think that's what he meant.

All I know is there is no harm in allowing me to carry anywhere, and there's nothing special about me. I have lots of company.

[TrueFlog]

That bill is incredibly broad and does a lot more than just reduce the number of places that are off-limits. Several of the changes seem to remove the exemptions currently in place for judges and judicial offices. Other changes do away with the monitoring of receipts by bars and require the TABC to issue only blue signs in the future. Still other changes would potentially limit an employer's ability to prohibit the carrying of a firearm by license holders. Finally, it would leave both 46.02 and 46.03 on the books with a caveat that they don't apply to LTC's.

Overall, this looks like a great bill, but there's also a lot in it there I don't understand. Hopefully, someone with more expertise than me can clarify what all it does. I'm especially curious about the implications of removing 56.02(b).

[mr1337]

Overall, this looks like a great bill, but there's also a lot in it there I don't understand. Hopefully, someone with more expertise than me can clarify what all it does. I'm especially curious about the implications of removing 56.02(b).

I'm in the same boat. I understand everything up until it gets to TABC territory.

But then again, who even understands TABC laws anyways?

[imkopaka]

If I understood the text correctly (I'm assuming I didn't and will wait for legal advice before acting if this bill passes) this basically lets us carry everywhere an LEO can with a few minor (and totally reasonable) exceptions. WOW. Color me excited.

[Charles L. Cotton]

I just completed a detailed analysis of HB560 and it is an excellent bill! I'll do a separate TFC Tex. Leg. Report on that Bill.

It puts LTC's in the TPC §46.15(a) "not applicable" subsection, the same one that contains peace officers, probation officers, railroad detectives and countless other non-LEO personnel that must have an LTC in order to be included in this subsection. It also repeals the TPC §46.035(b) & (c) off-limits areas, but leaves 1) the prohibition on carrying openly unless in a holster; or 2) while intoxicated. It also retains the provisions of SB11 (2015) campus-carry for public and private colleges. Some will complain about colleges, but this absolutely is the correct approach.

This is the most important self-defense bill passed since SB378 in 2007. Couple this with passage of SB16 (LTC fee elimination) and a huge number of law-abiding Texans will be able to protect themselves and their loved ones almost everywhere in our great State.

Everyone needs to start calling and faxing their Texas Senator and Representative and respectfully ask them to support this Bill. I know, the session hasn't begun and Austin will primarily have staff only. We need to start now and keep the pressure on until this Bill passes. It would be a good idea to contact the Speaker's office also.

Be sure to call and email Rep. Drew Springer to say thank you and to pledge your full support for his excellent Bill. Color me VERY HAPPY!!!

Chas.