Search found 7 matches

by JKTex
Thu Apr 11, 2013 1:24 pm
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

MeMelYup wrote:I don't think safety is the key word, I think security is. When you start talking about security teams then the law applies. Safety people help little ladies out to their cars insuring they don't trip and fall. They mop up spilled water on the floor. The safety people can make the congregation "feel safe." When you add the word security you open a completely different book, because you then have phrases like "Security Officers."
It's not a word, it's a function. As long as they do not formally for a person or group for that function, there's no problem. But in some cases, organization is good, so we need this bill.
by JKTex
Thu Apr 11, 2013 1:08 am
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

baldeagle wrote:
JKTex wrote:
baldeagle wrote:Effective notice - the following people are designated as volunteer safety members and are authorized to carry weapons on the church premises. Under the law the church can successfully argue that you were given notice that you could not carry by not being selected as a volunteer.

30.06 is not JUST a sign.

No, 30.06 not just a sign, but the absence of being dubbed a member of a voluntary safety team is no where near effective notice of anything, it's the absence of both. What's at issue is that currently a voluntary safety team member falls under occupational code that prohibits carrying a firearm without certification. Removing that so organized safety teams are allowed to carry under the authority of a CHL doesn't impact other CHL holders without undesirable changes to 46.035.

Or wait, I may be misreading and what you're saying is those undesirable changes to 46.035 might create that situation? If so, never mind. And if so, I still don't think it serves as effective notice, and effective notice wouldn't be needed because it would make carry in a church unlawful for a CHL holder unless you have been dubbed a member of a safety team. :mrgreen:
What I'm saying is that an aggressive DA in a liberal county could certainly pursue the case on that basis, and I wouldn't bet on the odds of his case failing. Ambiguous laws often have unintended consequences.
I still don't know if I misunderstood what you meant. But I don't think there's really any ambiguity in the changes that make the bill bad.
by JKTex
Tue Apr 09, 2013 11:40 am
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

baldeagle wrote:Effective notice - the following people are designated as volunteer safety members and are authorized to carry weapons on the church premises. Under the law the church can successfully argue that you were given notice that you could not carry by not being selected as a volunteer.

30.06 is not JUST a sign.

No, 30.06 not just a sign, but the absence of being dubbed a member of a voluntary safety team is no where near effective notice of anything, it's the absence of both. What's at issue is that currently a voluntary safety team member falls under occupational code that prohibits carrying a firearm without certification. Removing that so organized safety teams are allowed to carry under the authority of a CHL doesn't impact other CHL holders without undesirable changes to 46.035.

Or wait, I may be misreading and what you're saying is those undesirable changes to 46.035 might create that situation? If so, never mind. And if so, I still don't think it serves as effective notice, and effective notice wouldn't be needed because it would make carry in a church unlawful for a CHL holder unless you have been dubbed a member of a safety team. :mrgreen:
by JKTex
Thu Apr 04, 2013 2:23 pm
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

TrueFlog wrote:Also, see this post in http://texaschlforum.com/viewtopic.php? ... 21#p788049" onclick="window.open(this.href);return false;
Charles L. Cotton wrote:HB2535 and SB1324 won't change current law for CHL's carrying in church, so people will still continue to do that. They will make it possible for volunteers to do additional things like watch the children's/infants' wing and other sensitive areas without fear of violating Chp. 1702.

Chas.
This is really kind of moot, but here is what he has in the status for the bills:

SB1324 "Support if amended to remove amendment to TPC §46.035(b)(6_"
HB2535 " Support if Section 2 of the Bill is deleted."

There is a reason we don't want the following, which modifies 46.035, removing the effectiveness of 30.06 as I read it:

" unless pursuant to written
authorization of the established place of religious worship."

"except as provided by Section 1702.333,
Occupations Code"
by JKTex
Thu Apr 04, 2013 11:58 am
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

Gat0rs wrote:Who would be the person that would give permission? If you are a member, can you give yourself permission?
Same as any non-public property, the person in charge of the property, in this case a church leader. But it should be irrelevant because they're bad bills with those changes to 46.035. We do not want to open the door to exempting different types of property from the code.
by JKTex
Thu Apr 04, 2013 10:25 am
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

TrueFlog wrote:I disagree. I see nothing in either bill that would restrict or remove our current right to carry in a church. The text of HB2535 essentially states that a security guard may carry in a church if authorized by the church. That's it. The bill makes no changes that apply would apply to a CHL who is not a security guard. The same is true of SB1324. Remember that 46.035(b)(6) does not apply unless the church is posted with 30.06.
Reread the changes each currently makes to 46.035. Without the changes, they're cool, with, they're not.

Also see Charles comments on them in this update page on TFC.
by JKTex
Wed Apr 03, 2013 1:00 pm
Forum: 2013 Texas Legislative Session
Topic: HB2535 and SB1324
Replies: 19
Views: 5764

Re: HB2535 and SB1324

Dad24GreatKids wrote:
ghentry wrote:I have read these bills but I am not clear on what effect the change to TPC §46.035 would have on us. Can someone here elaborate?
HB 2535 (Schaefer, R): Relating to the exemption from certain security licensure of certain persons who provide security services on a volunteer basis at a private primary or secondary school or church or religious organization.
Impact: Allows CHL’s to serve as volunteer security for schools and churches.
Status: Filed 3/6/13.
Position on Bill: Support if Section 2 of the Bill is deleted.
SB 1324 (Seliger, R): Relating to the authority to organize volunteer safety groups at churches, synagogues, and other places of religious worship.
Impact: Creates an exception to the requirement to have a security officer’s certification when serving with a school or church security group.
[/b]Status: Referred to Criminal Justice 3/13/13.{/b]
Position on Bill: Oppose.
NOTE: Support if amended to remove amendment to TPC §46.035(b)(6_.
As I understand it, a CHL would be prevented from carrying in a church if either of these are passed as is, unless they are given permission to do so. We like for CHLs to be able to serve in these volunteer roles without the change to 46.035(b).
Exactly, sort of. :mrgreen: It only pertains to those part of organized safety group but the change to 46.035 oversteps and creates the situation you describe, which would make any CHL holder need permission on one case, and prohibited without 30.06 in the other. So essentially the same thing, it screws a CHL holder that is not part of a safety group or has expressed permission.

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