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HB 2112. committee substitute text?
Posted: Wed Apr 25, 2007 9:59 am
by jrosto
It is not yet posted, anyone have a copy?
Posted: Wed Apr 25, 2007 12:04 pm
by Charles L. Cotton
This is not the "official" CSHB 2112, but this is it. Since the phpbb software doesn't provide for strikeout, I had to simply delete the old language that will be deleted by the Bill. As in typical legislative format, the new language is underlined.
Chas.
By: __-B. No.
Substitute the following for _C_.B. No. :
By: C.S._D.B. No. 2H2-
A BILL TO BE ENTITLED
1 AN ACT
2 relating to the prosecution of an offense prohibiting the
3 exhibition, use, or threatened exhibition or use of a firearm in or
4 on school property or a school bus.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1. Section 37.125(a), Education Code, is amended to
7 read as follows:
8 (a) A person commits an offense if, in a manner intended to
9 cause alarm or personal injury to another person or to damage school
10 property, the person intentionally exhibits or uses, or threatens to exhibit or use a firearm
12 (1) in or on any property, including a parking lot,
13 parking garage, or other parking area, that is owned by a private or
14 public school; or
15 (2) on a school bus being used to transport
17 children to or from school-sponsored activities of a private or
18 public school.
19 SECTION 2. This Act applies only to an offense committed on
20 or after the effective date of this Act. An offense committed
21 before the effective date of this Act is governed by the law in
22 effect at the time the offense was committed, and the former law is
23 continued in effect for that purpose. For the purposes of this
24 section, an offense was committed before the effective date of this
80R11933 JPL-D 1
1 Act if any element of the offense occurred before that date.
2 SECTION 3. This Act takes effect September 1, 2007.
80R11933 JPL-D
Posted: Wed Apr 25, 2007 12:06 pm
by pbandjelly
guess I'll have to drop my daughter off across the street....
Posted: Wed Apr 25, 2007 12:43 pm
by pastor1
So, does this mean I can still keep my handgun locked up in my vehicle in the school parking lot as long as I don't committ an offense with it like display it or shoot someone with it illegally? Also, has this bill been signed yet?
Posted: Wed Apr 25, 2007 1:00 pm
by pbandjelly
just by the words "intends to cause harm to another person" that rules out self defense.
knuckleheads....
gee Eric Klebold is shootin' up the place, but I can't do nuttin' cause I don't wanna cross HB 2112.
Posted: Wed Apr 25, 2007 1:09 pm
by Charles L. Cotton
This bill changes nothing. It's still legal to have firearms school property, so long as you don't go into a building, or grounds where a school sponsored activity is in progress. It's still legal for a CHL to carry a handgun on school property, limited as above.
It has always been illegal to threaten someone with a firearm, so this is not new. The only thing that has changed is that it is now a felony on school grounds or a school bus.
No, the Bill was voted favorably from committee and is or will be in Calendars soon. Rep. Patrick worked hard to narrow what was a grossly over-broad bill.
Chas.
Posted: Wed Apr 25, 2007 1:12 pm
by Charles L. Cotton
pbandjelly wrote:just by the words "intends to cause harm to another person" that rules out self defense.
knuckleheads....
gee Eric Klebold is shootin' up the place, but I can't do nuttin' cause I don't wanna cross HB 2112.
No it doesn't. Self-defense is addressed in TPC §§9.31 & 9.32. If this language had the effect of prohibiting self-defense, then the assault and terroristic threat provisions in the Penal Code would do the same.
Chas.
Posted: Wed Apr 25, 2007 2:41 pm
by jrosto
Thanks Chas, that is much better than the origonal.
Posted: Wed Apr 25, 2007 3:36 pm
by pbandjelly
Ah, clarification!
ahthankyou, sir.
Posted: Wed Apr 25, 2007 4:57 pm
by pastor1
Charles, I have another question for you. I'm also a youth pastor at a church that also has a daycare. I'm I legal to carry on a church sponsored trip this summer (not daycare sponsored)? Our church has no 30.06 signs posted. The van we take has our church name and also says "Child Development Center" on it. I have written permission from the daycare director to carry on church trips. Am I legal if I carry my firearm in the daycare area? It was my understanding that daycare facilities were under a different set of laws than public and private schools.
Thanks for any info,
James
Posted: Wed Apr 25, 2007 5:15 pm
by Charles L. Cotton
pastor1 wrote:Charles, I have another question for you. I'm also a youth pastor at a church that also has a daycare. I'm I legal to carry on a church sponsored trip this summer (not daycare sponsored)? Our church has no 30.06 signs posted. The van we take has our church name and also says "Child Development Center" on it. I have written permission from the daycare director to carry on church trips. Am I legal if I carry my firearm in the daycare area? It was my understanding that daycare facilities were under a different set of laws than public and private schools.
Thanks for any info,
James
There was a thread about daycare centers a good while back. As I recall, the only statute we found was dealing with possible loss of a daycare center's license, if they didn't prohibit firearms on the property. However, this may have applied only to residential facilities, not a true stand-alone daycare center. My memory on this may be wrong, so I'll try to find it again.
As for being you being legal, as opposed to the daycare center's license, you should be fine, especially with written permission.
Chas.
Posted: Wed Apr 25, 2007 5:20 pm
by pastor1
Thanks for the info Charles.
Posted: Wed Apr 25, 2007 5:23 pm
by Charles L. Cotton