THE POLITICS OF OPEN CARRY

[R DAVIS]

There has been much discussion lately about the possibility of the Texas Legislature passing an Open Carry law.
I am making this post for the purpose of enlightening those interested in the subject, about the political PROCESS necessary to pass such a law. I ask that this thread not be hijacked into a pro or con argument on the subject, but be taken as a guide on how the process works, and how to track any relevant bills introduced, as they work their way through the political process.

When you understand the process, you will see that there are numerous methods of defeating new legislation, such as outright killing a Bill, or allowing it to die in Committee. Or, it can even be voted down by voice vote during the process (thus allowing those legislators opposed to the bill to avoid responsibility for voting against it). A Bill can also be amended to the point where it does not accomplish the original intent, or amended to the point where it is counter productive to the goal it is trying to promote.

As you will see, it is not easy to pass a Bill if there is substantial opposition to it, particularly if some that opposition is (for whatever reason), coming from those one would normally expect to support it. Although our new Governor - Elect has stated he will sign such a law if it makes it's way to his desk, know that it is a long and tedious process, and the prospects of that happening are probably less than most imagine.

In any event, any Bill introduced in the next Texas Legislative Session can be tracked on - line, by going to the Texas Legislature On Line Website at: http://www.capitol.state.tx.us/

Here is a brief explanation of: HOW A BILL BECOMES LAW IN TEXAS

Introducing a Bill
A representative or senator gets an idea for a bill by listening to the people he or she represents and then working to solve their problem. A bill may also grow out of the recommendations of an interim committee study conducted when the legislature is not in session. The idea is researched to determine what state law needs to be changed or created to best solve that problem. A bill is then written by the legislator, often with legal assistance from the Texas Legislative Council, a legislative agency which provides bill drafting services, research assistance, computer support, and other services for legislators.

Once a bill has been written, it is introduced by a member of the house or senate in the member's own chamber. Sometimes, similar bills about a particular issue are introduced in both houses at the same time by a representative and senator working together. However, any bill increasing taxes or raising money for use by the state must start in the house of representatives.

House members and senators can introduce bills on any subject during the first 60 calendar days of a regular session. After 60 days, the introduction of any bill other than a local bill or a bill related to an emergency declared by the governor requires the consent of at least four-fifths of the members present and voting in the house or four-fifths of the membership in the senate.

After a bill has been introduced, a short description of the bill, called a caption, is read aloud while the chamber is in session so that all of the members are aware of the bill and its subject. This is called the first reading, and it is the point in the process where the presiding officer assigns the bill to a committee. This assignment is announced on the chamber floor during the first reading of the bill.

The Committee Process
The chair of each committee decides when the committee will meet and which bills will be considered. The house rules permit a house committee or subcommittee to meet: (1) in a public hearing where testimony is heard and where official action may be taken on bills, resolutions, or other matters; (2) in a formal meeting where the members may discuss and take official action without hearing public testimony; or (3) in a work session for discussion of matters before the committee without taking formal action. In the senate, testimony may be heard and official action may be taken at any meeting of a senate committee or subcommittee. Public testimony is almost always solicited on bills, allowing citizens the opportunity to present arguments on different sides of an issue.

A house committee or subcommittee holding a public hearing during a legislative session must post notice of the hearing at least five calendar days before the hearing during a regular session and at least 24 hours in advance during a special session. For a formal meeting or a work session, written notice must be posted and sent to each member of the committee two hours in advance of the meeting or an announcement must be filed with the journal clerk and read while the house is in session. A senate committee or subcommittee must post notice of a meeting at least 24 hours before the meeting.

After considering a bill, a committee may choose to take no action or may issue a report on the bill. The committee report, expressing the committee's recommendations regarding action on a bill, includes a record of the committee's vote on the report, the text of the bill as reported by the committee, a detailed bill analysis, and a fiscal note or other impact statement, as necessary. The report is then printed, and a copy is distributed to every member of the house or senate.

In the house, a copy of the committee report is sent to either the Committee on Calendars or the Committee on Local and Consent Calendars for placement on a calendar for consideration by the full house. In the senate, local and noncontroversial bills are scheduled for senate consideration by the Senate Administration Committee. All other bills in the senate are placed on the regular order of business for consideration by the full senate in the order in which the bills were reported from senate committee. A bill on the regular order of business may not be brought up for floor consideration unless the senate sponsor of the bill has filed a written notice of intent to suspend the regular order of business for consideration of the bill.

Floor Action
When a bill comes up for consideration by the full house or senate, it receives its second reading. The bill is read, again by caption only, and then debated by the full membership of the chamber. Any member may offer an amendment, but it must be approved by a majority of the members present and voting to be adopted. The members then vote on whether to pass the bill. The bill is then considered by the full body again on third reading and final passage. A bill may be amended again on third reading, but amendments at this stage require a two-thirds majority for adoption. Although the Texas Constitution requires a bill to be read on three separate days in each house before it can have the force of law, this constitutional rule may be suspended by a four-fifths vote of the house in which the bill is pending. The senate routinely suspends this constitutional provision in order to give a bill an immediate third reading after its second reading consideration. The house, however, rarely suspends this provision, and third reading of a bill in the house normally occurs on the day following its second reading consideration.

In either house, a bill may be passed on a voice vote or a record vote. In the house, record votes are tallied by an electronic vote board controlled by buttons on each member's desk. In the senate, record votes are taken by calling the roll of the members.

If a bill receives a majority vote on third reading, it is considered passed. When a bill is passed in the house where it originated, the bill is engrossed, and a new copy of the bill which incorporates all corrections and amendments is prepared and sent to the opposite chamber for consideration. In the second house, the bill follows basically the same steps it followed in the first house. When the bill is passed in the opposite house, it is returned to the originating chamber with any amendments that have been adopted simply attached to the bill.

If a bill is returned to the originating chamber without amendments, it is put in final form, signed by the speaker and lieutenant governor, and sent to the governor.

Action on the Other House's Amendments and Conference Committees
If a bill is returned to the originating chamber with amendments, the originating chamber can either agree to the amendments or request a conference committee to work out differences between the house version and the senate version. If the amendments are agreed to, the bill is put in final form, signed by the presiding officers, and sent to the governor.

Conference committees are composed of five members from each house appointed by the presiding officers. Once the conference committee reaches agreement, a conference committee report is prepared and must be approved by at least three of the five conferees from each house. Conference committee reports are voted on in each house and must be approved or rejected without amendment. If approved by both houses, the bill is signed by the presiding officers and sent to the governor.

Governor's Action
Upon receiving a bill, the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature. If the governor vetoes the bill and the legislature is still in session, the bill is returned to the house in which it originated with an explanation of the governor's objections. A two-thirds majority in each house is required to override the veto. If the governor neither vetoes nor signs the bill within 10 days, the bill becomes a law. If a bill is sent to the governor within 10 days of final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or allow it to become law without a signature.

Constitutional Amendments
Proposed amendments to the Texas Constitution are in the form of joint resolutions instead of bills and require a vote of two-thirds of the entire membership in each house for adoption. Joint resolutions are not sent to the governor for approval, but are filed directly with the secretary of state. A joint resolution proposing an amendment to the Texas Constitution does not become effective until it is approved by Texas voters in a general election.

[Wolverine]

If it's a pro-gun bill, Joe Straus usually lets the public lawmaking proceed without interference, knowing he can kill them in the calendars committee which is exempt from open records or other oversight.

[Jumping Frog]

Did you write that article, or is it cut & pasted from somewhere?

[mojo84]

The man, Charles Cotton, that owns and runs this forum is pretty politically savvy, especially when it comes to writing and getting legislation passed.

You may fine this of interest. https://www.texasfirearmscoalition.com/" onclick="window.open(this.href);return false;

[Bladed]

If it's a pro-gun bill, Joe Straus usually lets the public lawmaking proceed without interference, knowing he can kill them in the calendars committee which is exempt from open records or other oversight.

I don't believe it's accurate to say that the Calendars Committee is exempt from open records or oversight. All meetings of the Calendars Committee are technically open meetings, and the minutes of those meetings are publicly available. The problem is that, because Calendars does not take public testimony, they are only required to give two hours' notice before a meeting. Also, because the minutes only reflect the the final votes, the minutes typically reflect that the committee unanimously voted to schedule one group of bills and to not schedule another group of bills. The minutes don't reflect the discussion, which is when the members work out how they're going to vote.

Theoretically, a group of people could take shifts hanging out at the Capitol, attending every meeting of the Calendars Committee. But you'd have to be in it for the long haul, because as soon as you missed a meeting, that's when they'd vote on the bill you were waiting to hear about.

[locke_n_load]

Interesting 2nd post haha.

[R DAVIS]

Did you write that article, or is it cut & pasted from somewhere?

It is from the Texas House of Representatives website.
http://www.house.state.tx.us/about-us/bill/

I pasted it here instead of simply providing a link, feeling it would be easier to comprehend as discussion develops. As I said previously, I hope this thread does not degenerate into a pro / con argument, or a disagreement regarding whether State regulation of firearms is even constitutional. These points have already been beaten to death elsewhere, and are not relevant to this thread.

[Jumping Frog]

Thanks. I was wondering about copyright issues, but copying government documents do not present an issue.

[atticus]

Thanks R. Davis. Yes, this issue has become very topical since the governor elect's statement. I have heard several ladies in offices say they would like to see open carry. That surprised me somewhat. I will enjoy seeing the legislative process work (or not work) on this one.