HB 1927 on the Senate floor now

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Jim Beaux
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Re: HB 1927 on the Senate floor now

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State Sen. Brandon Creighton collapsed during a debate on the floor of the Texas Senate on Tuesday [Wednesday] and required emergency medical care.

Creighton, a Republican from Conroe, had been in a car crash recently and was absent from the Senate on Monday and Tuesday. But on Wednesday he returned to the Texas Capitol Building hoping to vote on legislation to allow permitless carry of handguns in Texas.

“Nothing will keep me from voting for HB1927 and for Texans constitutional rights,” Creighton said on social media on Wednesday just as the debate over the gun legislation started.
https://www.houstonchronicle.com/politi ... 154894.php

Proud to say Creighton is my senator. :cheers2:
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Re: HB 1927 on the Senate floor now

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chamberc
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Re: HB 1927 on the Senate floor now

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philip964 wrote: Wed May 05, 2021 11:15 pm https://www.kxan.com/news/texas-politic ... -firearms/

Passed Senate!
The amendments are a poison pill. The house may end up running out the clock.

“No celebration yet folks! We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
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Re: HB 1927 on the Senate floor now

#94

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chamberc wrote: Thu May 06, 2021 5:26 am We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
Is there someplace where we can review these amendments that are causing concern?
-Ruark
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Re: HB 1927 on the Senate floor now

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Ruark wrote: Thu May 06, 2021 8:11 am
chamberc wrote: Thu May 06, 2021 5:26 am We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
Is there someplace where we can review these amendments that are causing concern?
I read them, and some seemed pretty bad... especailly those related to new notifications verbal and any sign, churches and hospitals being automatically banned without signage... can't find the article now...
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Re: HB 1927 on the Senate floor now

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Ruark wrote: Thu May 06, 2021 8:11 am
chamberc wrote: Thu May 06, 2021 5:26 am We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
Is there someplace where we can review these amendments that are causing concern?
https://capitol.texas.gov/BillLookup/Am ... ill=HB1927
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Re: HB 1927 on the Senate floor now

#97

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chamberc wrote: Thu May 06, 2021 8:13 am
Ruark wrote: Thu May 06, 2021 8:11 am
chamberc wrote: Thu May 06, 2021 5:26 am We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
Is there someplace where we can review these amendments that are causing concern?
I read them, and some seemed pretty bad... especailly those related to new notifications verbal and any sign, churches and hospitals being automatically banned without signage... can't find the article now...
I wonder if some of these amendments of concern apply only to non-licensed carry? Not that I think they should stand, but it would be another reason for people to get LTC.
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Re: HB 1927 on the Senate floor now

#98

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Papa_Tiger wrote: Wed May 05, 2021 6:20 pm
txyaloo wrote: Wed May 05, 2021 6:09 pm
bbhack wrote: Wed May 05, 2021 6:00 pm Who is this senator lying about 3 1/2 percent of Texans are gun owners?
3.5% of Texans are LTC holders. I don't think he was talking about total gun owners
Even that statement is incorrect. Per DPS at the end of 2020 there were 1,626,242 Active LTC holders. Per the 2020 Census there were 29,183,290 people in Texas. That equates to 5.5% of the population with an LTC.

You don't need to own a gun to have a LTC, and there are a very large number of ineligible persons (under age, felons, etc.) that cannot get an LTC so nothing can be inferred about gun ownership rates based on the number of LTCs.
While we need to omit all the other non-eligibility issues, to get a reasonable apples-to-apples comparison of HB 1927 and the current number of LTC holders I don't think age can be omitted. A very small percentage of LTCs are over 18 and under 21, and HB 1927 opens with "21 years of age or older." I had a similar conversation last month with a left-leaning friend whose contention was that hardly anyone actually had a handgun license in Texas. Ahem.

I don't believe the detailed breakdown of the 2020 census info is available yet, but here's 2019 data from Statista. They break the demographics at age 20, so if we're lenient and start there then 28.4% of the Texas population is 19 or under...so let's round it to 71% being age-eligible to carry a handgun. With a current total population in Texas of 29,183,290, that would be 20,720,136 age-eligible. So 1,626,242 active LTC holders would mean that 7.85% of the adult population is licensed. That equates to 1 out of every 13 of all adults in the state already having an LTC.
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Re: HB 1927 on the Senate floor now

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Papa_Tiger wrote: Thu May 06, 2021 8:14 am
Ruark wrote: Thu May 06, 2021 8:11 am
chamberc wrote: Thu May 06, 2021 5:26 am We are now reviewing amendments that were added by the Senate to look for issues that would break House rules governing the purpose of HB 1927,” said State Rep. Matt Schaefer, R-Tyler, who authored the legislation, in a tweet Wednesday night. “Our first impression has us very concerned. Will share more as soon as we can.”
Is there someplace where we can review these amendments that are causing concern?
https://capitol.texas.gov/BillLookup/Am ... ill=HB1927
It's a really long search URL, but the itemization and text of every proposed and adopted amendment can be found at Texas Legislature Online here. You can sort on "Action" to more easily see the 8 that were adopted.
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Re: HB 1927 on the Senate floor now

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https://journals.senate.texas.gov/SJRNL ... -05-F2.PDF

I found this and hope the link works as I have attached one before. it starts with page 1214 and HB1927 starts on page 1222. it has all of the amendments voted on yesterday. Hope this helps.
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Re: HB 1927 on the Senate floor now

#101

Post by Rafe »

Ya know, this will be a very long post, but maybe we need to get the approved amendments grouped together and all spelled out right here, just for quick and copyable reference.

The 8 amendments to HB 1927 adopted by the Texas State Senate on May 5, 2021

Number: F1; Author: Schwertner (R) District 5; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In SECTION 3 of the bill, in added Article 14.03(h)(2), Code of Criminal Procedure (page 2, lines 1 and 2), following "locker", insert "or other secure area" in each instance that it appears.
(2) In SECTION 16 of the bill, strike amended Section 229.001(b)(7), Local Government Code (page 5, lines 60 through 63), and substitute the following:
(7) regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, in accordance with Section 411.209, Government Code;
(3) In SECTION 22 of the bill, in amended Section 46.02(a-1), Penal Code (page 7, line 52), strike "younger than 21 years of age".
(4) In SECTION 22 of the bill, in amended Section 46.02(a-1)(1), Penal Code (page 7, line 57), between "the person" and "is", insert "is 21 years of age or older or".

Number: F2; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) in SECTION 22 of the bill, by striking amended Section 46.02(a)(2), Penal Code (page 7, lines 44 through 45), and substituting the following:
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and

Number: F7; Author: Birdwell (R) District 22; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 22 of the bill (page 7, lines 39-40), strike "Subsection (a-5)" and substitute "Subsections (a-5) and (a-6)".
(2) In SECTION 22 of the bill, after added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.


Number: F8; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 22 of the bill (page 7, lines 39 and 40), strike "Subsection (a-5)" and substitute "Subsections (a-5), (a-6), (a-7), and (e)".
(2) In SECTION 22 of the bill, following added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:
(a-6) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and
(3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).
(a-7) If conduct constituting an offense under Subsection (a-6) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-6) or under both provisions.

(3) In SECTION 22 of the bill, in amended Section 46.02(b), Penal Code (page 8, line 5), between "(d)" and the comma, insert "or (e)".
(4) In SECTION 22 of the bill, following amended Section 46.02(b), Penal Code (page 8, between lines 6 and 7), insert the following:
(e) An offense under Subsection (a-6) is:
(1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or
(2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c).

(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 42A.054(a), Code of Criminal Procedure, is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of Persons);
(6) Section 20A.03, Penal Code (Continuous Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection (d) of that section; and
(B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution);
(14) Section 43.05, Penal Code (Compelling Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by a Child); [or]
(16) Section 46.02, Penal Code (Unlawful Carrying Weapons), if the offense is committed under Subsection (a-6) of that section and punishable under Subsection (e)(1) of that section; or
(17) Chapter 481, Health and Safety Code, for which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections.

Number: F12; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 17 of the bill (page 6, lines 10 through 11), strike "Subsections (d-3) and (f-4)" and substitute "Subsection (d-3)".
(2) In SECTION 17 of the bill, strike added Section 30.05(f-4), Penal Code (page 6, line 67 through page 7, line 13).
(3) Strike the recital to SECTION 25 of the bill (page 10, lines 25 through 27) and substitute the following:
SECTION 25. Sections 46.15(b) and (l), Penal Code, are amended to read as follows:
(4) In SECTION 25 of the bill, strike added Section 46.15(m), Penal Code (page 11, lines 25 through 35).

Number: F13; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.


Number: F14; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 6 of the bill (page 3, line 27), strike "Section 411.02096" and substitute "Sections 411.02096 and 411.02097".
(2) In SECTION 6 of the bill, following added Section 411.02096, Government Code (page 3, between lines 47 and 48), insert the following:
Sec. 411.02097. FIREARM SAFETY. The department shall develop and post on the department's Internet website a course on firearm safety and handling. The course must be accessible to the public free of charge.

Number: F18; Author: Schwertner; Complete Text:
Amend HB 1927 (senate committee printing) by striking SECTION 4 of the bill (page 2, line 10 through page 3, line 19) and SECTION 10 of the bill (page 4, lines 32 through 38) and renumbering subsequent SECTIONS of the bill accordingly.
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Ruark
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Re: HB 1927 on the Senate floor now

#102

Post by Ruark »

polekitty wrote: Thu May 06, 2021 8:36 am https://journals.senate.texas.gov/SJRNL ... -05-F2.PDF

I found this and hope the link works as I have attached one before. it starts with page 1214 and HB1927 starts on page 1222. it has all of the amendments voted on yesterday. Hope this helps.
On page 1232 it says:
"Amend HBi1927 (senate committee printing) by striking the recital to SECTION
17 of the bill (page 6, lines 9-11) and substituting the following:
SECTIONi17.iiSection 30.05, Penal Code, is amended by adding Subsections
(c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c)iiA person may provide notice that firearms are prohibited on the property by
posting a sign at each entrance to the property that:
(1)iiincludes language that is identical to or substantially similar to the
following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may
not enter this property with a firearm"



It just says, "with a firearm." Does this enable business owners to ban firearms without distinguishing between concealed and openly carried?
-Ruark
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Re: HB 1927 on the Senate floor now

#103

Post by carlson1 »

As open carry brought out more 30.06 signs for a short time I have to wonder if this will bring 30.06/.07 signs out in the droves?
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Re: HB 1927 on the Senate floor now

#104

Post by Papa_Tiger »

Some of this has already been done. I've posted my analysis in blue if you want to cut through the legalese quickly:
Amendment 1 by Schwertner: wrote: Amend HB 1927 (senate committee printing) as follows:
(1) In SECTION 3 of the bill, in added Article 14.03(h)(2), Code of Criminal Procedure (page 2, lines 1 and 2), following "locker", insert "or other secure area" in each instance that it appears.
- Allows the firearm of a person entering a secure area of a law enforcement facility to be stored in a secure location other than a locker
(2) In SECTION 16 of the bill, strike amended Section 229.001(b)(7), Local Government Code (page 5, lines 60 through 63), and substitute the following:
(7) regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, in accordance with Section 411.209, Government Code;
- Section 411.209 only applies to wrongful exclusion of license holders by a government entity, so either 411.209 would need to be changed to all carriers, or the language needed to be reverted to avoid ambiguity in the law.
(3) In SECTION 22 of the bill, in amended Section 46.02(a-1), Penal Code (page 7, line 52), strike "younger than 21 years of age".
(4) In SECTION 22 of the bill, in amended Section 46.02(a-1)(1), Penal Code (page 7, line 57), between "the person" and "is", insert "is 21 years of age or older or".
- 3 and 4 are a clarification, if you are 21 years or older (age for legal possession of a handgun) or have an LTC, you can open carry in your vehicle as long as the handgun is in a holster
A lot of nothing here, just cleaning up the language without a change to the way it is intended to work in the House Version.
Amendment 2 by Schwertner: wrote: Amend HB 1927 (senate committee printing) in SECTION 22 of the bill, by striking amended Section 46.02(a)(2), Penal Code (page 7, lines 44 through 45), and substituting the following:
(2) at the time of the offense:
(A) is younger than 21 years of age; or
(B) has been convicted of an offense under Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed in the five-year period preceding the date the instant offense was committed; and
Adds disqualifiers to carry for five years if you have been convicted of:
22.01(a)(1) - Assault, bodily injury - Class A misdemeanor, or Third or Second Degree Felony
22.05 - Deadly Conduct - Class A misdemeanor or Thrid Degree Felony
22.07 - Terroristic Threat - Class A or B misdemeanor or Third Degree Felony

I don't see anything major here - these already deal with people who have shown themselves to be violent or have a predisposition to violence and probably should not be allowed to be walking around with a handgun.
There is also a time-limit on it, so if you stay clean for 5 years, you are not prohibited any longer.
Amendment 7 by Birdwell: wrote: Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 22 of the bill (page 7, lines 39-40), strike "Subsection (a-5)" and substitute "Subsections (a-5) and (a-6)".
(2) In SECTION 22 of the bill, after added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:
(a-6) A person commits an offense if the person:
(1) carries a handgun while the person is intoxicated; and
(2) is not:
(A) on the person's own property or property under the person's control or on private property with the consent of the owner of the property; or
(B) inside of or directly en route to a motor vehicle or watercraft:
(i) that is owned by the person or under the person's control; or
(ii) with the consent of the owner or operator of the vehicle or watercraft.
No intoxicated carry while not on personal property or other property with permission. Contrary to some of the rhetoric, this does not criminalize having drinks in your own home while armed.
Echoing Steve Rothstein's concerns about needing a bright line definition of "intoxicated", but otherwise, this is similar to what is already on the books.

Amendment 8 by Schwertner: wrote: Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 22 of the bill (page 7, lines 39 and 40), strike "Subsection (a-5)" and substitute "Subsections (a-5), (a-6), (a-7), and (e)".
(2) In SECTION 22 of the bill, following added Section 46.02(a-5), Penal Code (page 8, between lines 4 and 5), insert the following:
(a-6) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun;
(2) is not:
(A) on the person's own premises or premises under the person's control; or
(B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control; and
(3) at the time of the offense, was prohibited from possessing a firearm under Section 46.04(a), (b), or (c).
(a-7) If conduct constituting an offense under Subsection (a-6) constitutes an offense under another provision of law, the actor may be prosecuted under Subsection (a-6) or under both provisions.
(3) In SECTION 22 of the bill, in amended Section 46.02(b), Penal Code (page 8, line 5), between "(d)" and the comma, insert "or (e)".
(4) In SECTION 22 of the bill, following amended Section 46.02(b), Penal Code (page 8, between lines 6 and 7), insert the following:
(e) An offense under Subsection (a-6) is:
(1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or
(2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c).
(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 42A.054(a), Code of Criminal Procedure, is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of Persons);
(6) Section 20A.03, Penal Code (Continuous Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection (d) of that section; and
(B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution);
(14) Section 43.05, Penal Code (Compelling Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by a Child); [or]
(16) Section 46.02, Penal Code (Unlawful Carrying Weapons), if the offense is committed under Subsection (a-6) of that section and punishable under Subsection (e)(1) of that section; or
(17) Chapter 481, Health and Safety Code, for which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections.
Enhanced penalties with mandatory minimum sentencing/time served if you are a prohibited person and you are caught carrying a firearm.
Amendment 12 by Schwertner: wrote: Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 17 of the bill (page 6, lines 10 through 11), strike "Subsections (d-3) and (f-4)" and substitute "Subsection (d-3)".
(2) In SECTION 17 of the bill, strike added Section 30.05(f-4), Penal Code (page 6, line 67 through page 7, line 13).
(3) Strike the recital to SECTION 25 of the bill (page 10, lines 25 through 27) and substitute the following:
SECTION 25. Sections 46.15(b) and (l), Penal Code, are amended to read as follows:
(4) In SECTION 25 of the bill, strike added Section 46.15(m), Penal Code (page 11, lines 25 through 35).
Removal of defense to prosecution and non-applicability if you receive personal notice that your handgun is not welcome at that location. Losing some ground here that we gained last session with being required to be given a chance to depart if you make a mistake. I believe this will be the biggest sticking point between the House and the Senate versions.
Amendment 13 by Schwertner: wrote: Amend HB 1927 (senate committee printing) by striking the recital to SECTION 17 of the bill (page 6, lines 9-11) and substituting the following:
SECTION 17. Section 30.05, Penal Code, is amended by adding Subsections (c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c) A person may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that:
(1) includes language that is identical to or substantially similar to the following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm";
(2) includes the language described by Subdivision (1) in both English and Spanish;
(3) appears in contrasting colors with block letters at least one inch in height; and
(4) is displayed in a conspicuous manner clearly visible to the public.
30.05 sign preventing carry of a firearm. Very strongly opposed to this as worded. The language is not specific enough as evidenced by the "or substantially similar to the following" - we don't want judges deciding what constitutes "substantially similar" as we will get a different answer every time. LTC holders would still have a defense to prosecution under 30.05 (f), but again it is a defense to prosecution, not non-applicability. "You can beat the rap, but you won't beat the ride".
Amendment 14 by Schwertner: wrote: Amend HB 1927 (senate committee printing) as follows:
(1) In the recital to SECTION 6 of the bill (page 3, line 27), strike "Section 411.02096" and substitute "Sections 411.02096 and 411.02097".
(2) In SECTION 6 of the bill, following added Section 411.02096, Government Code (page 3, between lines 47 and 48), insert the following:
Sec. 411.02097. FIREARM SAFETY. The department shall develop and post on the department's Internet website a course on firearm safety and handling. The course must be accessible to the public free of charge.
Free DPS course on firearm safety and handling - no issues here.
Amendment 18 by Schwertner: wrote: Amend HB 1927 (senate committee printing) by striking SECTION 4 of the bill (page 2, line 10 through page 3, line 19) and SECTION 10 of the bill (page 4, lines 32 through 38) and renumbering subsequent SECTIONS of the bill accordingly.
Removes the previous crimes expungement section. An argument was made that this has issues since some of the sections of the criminal code that were repealed that this expungemnt would apply to are re-instituted in other sections of the criminal code.
Removes the Dutton amendment which prohibits officers from using the mere presence of a holstered handgun to make an investigatory stop and inquiry. Arguments were made that this makes law enforcement's job a lot harder.

Topic author
jerry_r60
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Posts in topic: 21
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Re: HB 1927 on the Senate floor now

#105

Post by jerry_r60 »

Ruark wrote: Thu May 06, 2021 9:15 am
polekitty wrote: Thu May 06, 2021 8:36 am https://journals.senate.texas.gov/SJRNL ... -05-F2.PDF

I found this and hope the link works as I have attached one before. it starts with page 1214 and HB1927 starts on page 1222. it has all of the amendments voted on yesterday. Hope this helps.
On page 1232 it says:
"Amend HBi1927 (senate committee printing) by striking the recital to SECTION
17 of the bill (page 6, lines 9-11) and substituting the following:
SECTIONi17.iiSection 30.05, Penal Code, is amended by adding Subsections
(c), (d-3), and (f-4) and amending Subsections (d) and (f) to read as follows:
(c)iiA person may provide notice that firearms are prohibited on the property by
posting a sign at each entrance to the property that:
(1)iiincludes language that is identical to or substantially similar to the
following: "Pursuant to Section 30.05, Penal Code (criminal trespass), a person may
not enter this property with a firearm"



It just says, "with a firearm." Does this enable business owners to ban firearms without distinguishing between concealed and openly carried?
My understanding is that is correct for non LTC. It would be nice to get the sign language cleaned up here has papa_tiger pointed out. The "substantially similar" language is not a good direction for the signs. I also got nervous when someone opposed to the bill suggested that in future legislation they work to get the three signs down to one and Schwertner said that sounded like a good idea (that's my recollection of it anyway). I assume and hope that clearer fresher minds take care of this.
Last edited by jerry_r60 on Thu May 06, 2021 10:15 am, edited 1 time in total.
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