Priorities for 2019 legislative session

[Steve W]

Change the requirement in 411.209 that a citizen must give written notice about sign violations to the offending agency.

GC 411.209 wrote:
(d) A citizen of this state or a person licensed to carry a concealed handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the citizen or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice.  A complaint filed under this subsection must include evidence of the violation and a copy of the written notice.

As we have seen in at least two recent cases this can lead to lawsuits, arrest and retaliation against Citizens by the Offending Agency. A simple letter , along with pictures of the posted signs, to the AG's Office should suffice. By removing the requirement of the Citizen to give notice you also remove any reason for confrontation.

[troglodyte]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Chas.

While I agree with reining in how governments can hire lobbyist and how they define their off-limit areas I think that we will serve the most LTC in a way that affects most of their daily lives if we get these two passed. Last year was a disappointment when I felt removing off-limit areas was going to be passed right through. If we can get these two through this next session then we can grind away at the government issues. I don't much about how politics work but going after the governmental issues sounds like it will chew up a lot of political capital and take a lot more time. I feel these two have a pretty good chance of going through without too much resistance, relatively speaking.

I was glad that church volunteer security passed and that we staved off some anti-gun bills so we didn't lose any ground.

[PriestTheRunner]

. . .
2. Exempt volunteer security personnel protecting Non-Profit Religious Institutions (Churches) from the Texas Private Security Act. Define volunteer as non paid person or a person whose function does not explicitly require security duties (IE- pastors) and receives pay for other services only.

We did this in 2017, except "volunteer" was not defined. An employee whose job duties are not primarily security-related can carry.

Chas.

Great!!! Not sure how we missed it. I'll update the church board next Sunday that we can change the current 'guidelines'.

Thanks Chas!

[rotor]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

Is this a real problem? Do you have documented proof that insurance companies are doing this? I have heard this multiple times but nobody has ever verified it.

[PriestTheRunner]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

Is this a real problem? Do you have documented proof that insurance companies are doing this? I have heard this multiple times but nobody has ever verified it.

I only have a dataset of one (my employer), but the claim that 'insurance requires it' runs far and wide.

No, my employer's policy doesn't state anything about firearms (I pdf searched for it), but that is still the excuse they are given. It probably doesn't exist in any insurance policy, but somebody has started it so it certainly doesn't seem impossible.

[gtolbert09]

I'd like to see some something similar to Tennessee SB 1736.
http://www.capitol.tn.gov/Bills/109/bill/SB1736.pdf

[BBYC]

1. Exempt LTC from 46.03 the same as off duty LEO. There's no reason we shouldn't be able to carry everywhere an ISD cop can carry on vacation.

2. Repeal 46.035 entirely. There's no reason we shouldn't be able to carry a handgun where anybody who can own a gun can carry an AR-15 etc.

3. Make a 30.06 sign on government property a presumptive civil rights violation. It should be treated the same as a sign prohibiting Muslims on government property, both for enforceability and penalties for posting.

4. Greatly weaken civil immunity for individuals who work for the government. Eliminate it entirely when there is abuse of power, such as false arrest and official oppression.

5. Repeal state laws for silencers. Let the feds enforce the law on their own, like marijuana in Colorado.

6. While on the subject of pot, decriminalize possession of small quantities of Texas-grown marijuana by people 21 and older. There's no interstate commerce, but don't interfere with the feds if they really want to chase down glaucoma and cancer patients.

7. Property Tax Reform. If the owner protests the valuation, and doesn't agree with the results of the hearing, they can require the appraisal district to purchase the property at 95% of the final assessed value.

8. Remove the requirement to have a hunting license to hunt on private property with the land owner's permission. Increase the penalty for hunting on private land without the owner's permission.

9. Make ammunition subject to the same sales tax rate as newspapers.

10. I got more if we get at least half of the above.

[PriestTheRunner]

2. Repeal 46.035 entirely. There's no reason we shouldn't be able to carry a handgun where anybody who can own a gun can carry an AR-15 etc.
...
5. Repeal state laws for silencers. Let the feds enforce the law on their own, like marijuana in Colorado.

6. While on the subject of pot, decriminalize possession of small quantities of Texas-grown marijuana by people 21 and older. There's no interstate commerce, but don't interfere with the feds if they really want to chase down glaucoma and cancer patients.
...
9. Make ammunition subject to the same sales tax rate as newspapers.

These would all be great.

Especially the drug charges stuff. Legalization would generate a ton of revenue and clear out room in the courts for 'real' crime. Several LEO friends of mine are very supportive of legalization for small-ish quantities for that very reason.

[J.R.@A&M]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

While I appreciate the spirit of this idea, I as philosophically opposed to legislating and regulating private insurance firms in this way.

[PriestTheRunner]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

While I appreciate the spirit of this idea, I as philosophically opposed to legislating and regulating private insurance firms in this way.

I understand your objections (considering government should be outside of commercial transactions as much as possible) What about the business immunity a few numbers down which should have the same effect?

[rotor]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

While I appreciate the spirit of this idea, I as philosophically opposed to legislating and regulating private insurance firms in this way.

Is this an opposition to all business regulation or just insurance companies? We have a Texas Department of Insurance for a very good reason, without it there would be a lot more insurance fraud. Insurance companies that take your money and not pay off when a claim is made. The insurance industry does need regulation and I have no problem with regulating them about LTC issues and keeping them from penalizing a business that does not post 30.06/07. I just have never actually seen a policy that requires a business to post although many business people "claim" their insurance policy requires it. See PriestThe Runner comments.

incidentally, I just received $200 owed my business which closed 4 years ago and the insurance payment was in the state unclaimed money fund. The insurance company took so long to pay it that they couldn't find my address. Timely payment would have been nice. Also, have you noticed the commercials from Newday (I believe their name), pushing loans and mortgage to military and vets. Not valid in Texas in the fine print? Why is that? 100% financing? Without some tough insurance laws I believe the "industry" would be taking advantage of the public. I personally deal with the best, USAA.

[Flightmare]

Simply requiring a business to assume liability in the event they prohibit licensees from carrying lawfully should solve the issue of insurance. If there is more liability on the business (and therefore on the insurance company) for prohibiting licensed carry, costs will reflect that. You may even have insurance companies pressure companies to not prohibit lawful carry.

[J.R.@A&M]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

While I appreciate the spirit of this idea, I as philosophically opposed to legislating and regulating private insurance firms in this way.

Is this an opposition to all business regulation or just insurance companies? We have a Texas Department of Insurance for a very good reason, without it there would be a lot more insurance fraud. Insurance companies that take your money and not pay off when a claim is made. The insurance industry does need regulation and I have no problem with regulating them about LTC issues and keeping them from penalizing a business that does not post 30.06/07. I just have never actually seen a policy that requires a business to post although many business people "claim" their insurance policy requires it. See PriestThe Runner comments.

incidentally, I just received $200 owed my business which closed 4 years ago and the insurance payment was in the state unclaimed money fund. The insurance company took so long to pay it that they couldn't find my address. Timely payment would have been nice. Also, have you noticed the commercials from Newday (I believe their name), pushing loans and mortgage to military and vets. Not valid in Texas in the fine print? Why is that? 100% financing? Without some tough insurance laws I believe the "industry" would be taking advantage of the public. I personally deal with the best, USAA.

I like the way PriestTheRunner put it: "government should be outside of commercial transactions as much as possible."

Some industries need regulation, and insurance is one of them. But when it comes to rating policies with different risks, let them do it competitively. Insurance programs should not be a way to disguise other government objectives, the way that Obamacare did (wealth transfer).

[J.R.@A&M]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

While I appreciate the spirit of this idea, I as philosophically opposed to legislating and regulating private insurance firms in this way.

I understand your objections (considering government should be outside of commercial transactions as much as possible) What about the business immunity a few numbers down which should have the same effect?

I don't see a problem with that (and IANAL).

[rotor]

1. Remove all off-limits areas for LTCs;
2. Exempt volunteer security personnel protecting schools and students from the Texas Private Security Act.

Fantastic ideas / options:
5. Ban the increase of insurance premiums due to the allowing or not-allowing of LTC's on the premises. Having 30.06 or 30.07 up (or not) should have no affect on premiums. Legislate that insurance may not require 30.06 or 30.07 postage.

While I appreciate the spirit of this idea, I as philosophically opposed to legislating and regulating private insurance firms in this way.

Is this an opposition to all business regulation or just insurance companies? We have a Texas Department of Insurance for a very good reason, without it there would be a lot more insurance fraud. Insurance companies that take your money and not pay off when a claim is made. The insurance industry does need regulation and I have no problem with regulating them about LTC issues and keeping them from penalizing a business that does not post 30.06/07. I just have never actually seen a policy that requires a business to post although many business people "claim" their insurance policy requires it. See PriestThe Runner comments.

incidentally, I just received $200 owed my business which closed 4 years ago and the insurance payment was in the state unclaimed money fund. The insurance company took so long to pay it that they couldn't find my address. Timely payment would have been nice. Also, have you noticed the commercials from Newday (I believe their name), pushing loans and mortgage to military and vets. Not valid in Texas in the fine print? Why is that? 100% financing? Without some tough insurance laws I believe the "industry" would be taking advantage of the public. I personally deal with the best, USAA.

I like the way PriestTheRunner put it: "government should be outside of commercial transactions as much as possible."

Some industries need regulation, and insurance is one of them. But when it comes to rating policies with different risks, let them do it competitively. Insurance programs should not be a way to disguise other government objectives, the way that Obamacare did (wealth transfer).

How does one as an individual rate an insurance company? The little old lady buying a worthless life insurance policy? There are so many fraudulent or borderline companies out there that Nigerian scams look harmless compared to them. Consumer Reports usually does a rating once in awhile but how does the average person do it? You can't go on price. I once had auto insurance with the company that your in good hands with. It was virtually impossible to get them to ever pay a claim. If any industry needs regulation to protect the consumer it is the insurance industry as the only time you ever know how they will do is after the fact and that's when it is to late. Having state regulation gives the consumer a possibility of redress. I do agree though that less government regulation in general is a desired feature. Less government regulation in firearm ownership would be great.
I hate to sidetrack the post. Has anyone ever seen a clause in a business policy that required 30.06/07 posting?