HB435 Volunteer Emergency Svces Carrying

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TexasJohnBoy
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Re: HB435 Volunteer Emergency Svces Carrying

#76

Post by TexasJohnBoy »

SewTexas wrote:well, color me shocked, they concurred.
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Re: HB435 Volunteer Emergency Svces Carrying

#77

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Good.
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TexasJohnBoy
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Re: HB435 Volunteer Emergency Svces Carrying

#78

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(18)
AA
"Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations. The
term does not include a peace officer or reserve law enforcement
officer, as those terms are defined by Section 1701.001,
Occupations Code, who is performing law enforcement duties.
This would include CERT or Red Cross Volunteers then, no?
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RoyGBiv
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Re: HB435 Volunteer Emergency Svces Carrying

#79

Post by RoyGBiv »

SewTexas wrote:well, color me shocked, they concurred.
Indeed they did....
http://www.legis.state.tx.us/BillLookup ... Bill=HB435
H Text of Senate Amendment(s) 05/26/2017
H Statement(s) of vote recorded in Journal 05/26/2017
H Record vote RV#1878 05/26/2017
H House concurs in Senate amendment(s) 05/26/2017
H Senate Amendments Analysis distributed 05/26/2017 10:03 AM
H Senate Amendments distributed 05/25/2017 02:19 PM
H Senate passage as amended reported 05/24/2017
If you could see my face.....

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I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek

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Re: HB435 Volunteer Emergency Svces Carrying

#80

Post by parabelum »

TexasJohnBoy wrote:
(18)
AA
"Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations.
The
term does not include a peace officer or reserve law enforcement
officer, as those terms are defined by Section 1701.001,
Occupations Code, who is performing law enforcement duties.
This would include CERT or Red Cross Volunteers then, no?
As written/highlighted in bold above, yes.

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Re: HB435 Volunteer Emergency Svces Carrying

#81

Post by parabelum »

Again, hat tip :tiphat: to everyone who worked on this (and many other) pro 2A bills, putting up with some of us who are little...passionate...

As a first responder, I can tell you that this bill means a great deal to me and my family.
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Re: HB435 Volunteer Emergency Svces Carrying

#82

Post by RoyGBiv »

Question.... Assuming the Gov signs the Bill, does it become effective immediately??
I seem to recall that if a Bill passes with XX % of the vote it becomes effective upon the Gov's signing...

Final tally in the House was 136/9/2 - 92.5%
Final tally in the Senate was 28/3 - 90.3%
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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TexasJohnBoy
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Re: HB435 Volunteer Emergency Svces Carrying

#83

Post by TexasJohnBoy »

I'm shocked... I was considering getting involved in CERT again, but this will definitely make it easier if I don't have to worry where to stow my sidearm if the proverbial bovine excrement hits the rotating oscillator. Good job, all!
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RossA
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Re: HB435 Volunteer Emergency Svces Carrying

#84

Post by RossA »

So if we start a "volunteer militia" and the charter documents say that we exist to provide services for the benefit of the general public during emergencies, members would fall under this law?
I like it, but I wonder what the AG and the courts would say about that?
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TexasJohnBoy
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Re: HB435 Volunteer Emergency Svces Carrying

#85

Post by TexasJohnBoy »

RossA wrote:So if we start a "volunteer militia" and the charter documents say that we exist to provide services for the benefit of the general public during emergencies, members would fall under this law?
I like it, but I wonder what the AG and the courts would say about that?
I don't think a militia will fall under the "Emergency Services" umbrella, however thats one of the reasons for the Texas State Guard, so I could be wrong. The definition is somewhat vague.

Looks like this fixes section 552.002 Health and Safety code as well. No carry allowed in the listed hospitals in 552.002(2). Civil fines only for violation if I read that part correctly....
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parabelum
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Re: HB435 Volunteer Emergency Svces Carrying

#86

Post by parabelum »

TexasJohnBoy wrote:
RossA wrote:So if we start a "volunteer militia" and the charter documents say that we exist to provide services for the benefit of the general public during emergencies, members would fall under this law?
I like it, but I wonder what the AG and the courts would say about that?
I don't think a militia will fall under the "Emergency Services" umbrella, however thats one of the reasons for the Texas State Guard, so I could be wrong. The definition is somewhat vague.

Looks like this fixes section 552.002 Health and Safety code as well. No carry allowed in the listed hospitals in 552.002(2). Civil fines only for violation if I read that part correctly....
:iagree:

One could say that would be pushing it somewhat.

As for fines, I think first offense is $100, each subsequent violation is $500. No criminal charges that I can see.
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Re: HB435 Volunteer Emergency Svces Carrying

#87

Post by ELB »

RoyGBiv wrote:Question.... Assuming the Gov signs the Bill, does it become effective immediately??
I seem to recall that if a Bill passes with XX % of the vote it becomes effective upon the Gov's signing...

Final tally in the House was 136/9/2 - 92.5%
Final tally in the Senate was 28/3 - 90.3%
I think the bill has to state that it takes effect immediately upon signing if passed by 2/3 of the House and 2/3 of the Senate. This bill states only that it will take effect on 01 Sep 17.
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Re: HB435 Volunteer Emergency Svces Carrying

#88

Post by ELB »

TexasJohnBoy wrote: ...
Looks like this fixes section 552.002 Health and Safety code as well. No carry allowed in the listed hospitals in 552.002(2). Civil fines only for violation if I read that part correctly....
That is the list of state mental hospitals, is it not?
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Re: HB435 Volunteer Emergency Svces Carrying

#89

Post by parabelum »

I didn't see Pelosi's house mentioned on that list. Oh well.
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TexasJohnBoy
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Re: HB435 Volunteer Emergency Svces Carrying

#90

Post by TexasJohnBoy »

ELB wrote:
TexasJohnBoy wrote: ...
Looks like this fixes section 552.002 Health and Safety code as well. No carry allowed in the listed hospitals in 552.002(2). Civil fines only for violation if I read that part correctly....
That is the list of state mental hospitals, is it not?
Correct -- I didn't specify that bit in my quote. :tiphat:
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