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Open Carry, TX. style

Discussion in 'Legal' started by calaverasslim, Apr 13, 2015.

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  1. JRH6856

    JRH6856 Member

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    Not just Ellis. Several Democrat Senators have threatened to filibuster. Ellis may have been the first, but Jose Rodreguez is the latest.
     
  2. Shrinkmd

    Shrinkmd Member

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    So it looks like it is now going to the Governor?
     
  3. JRH6856

    JRH6856 Member

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    It still has to be voted on by both House and Senate.

    It's on the House Calendar for tomorrow. 7:20pm I believe. Senate agenda isn't up yet.

    It is expected to pass a House vote. In the Senate, it will probably have to survive a filibuster. But if it passes both Houses by Midnight Sunday, the Gov. has promised to sign.
     
    Last edited: May 29, 2015
  4. J.E. Walker

    J.E. Walker Member

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    Are there enough democrats in the senate to block cloture?
     
  5. TRX

    TRX Member

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    With all the talk of "Texas getting open carry" it took a while before I realized that's not true. Texans are fighting to get BACK something that was taken from them decades ago.
     
  6. J.E. Walker

    J.E. Walker Member

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    Actually, in 1871 when the state was occupied by the federal government after the Civil War. Apparently the power structure liked the near total ban on every conceivable hand-held weapon lasted up until 1995.The original version was "Not Enforced." in areas subject to attack by hostile native Americans or counties designated as "Frontier" by the governor. It covered the entire state by 1907 The various versions tentatively excused such activies such as:
    1. Arm and inquire- A person of ordinary courage could respond to a serious threat by arming himself and asking the threatener about it;
    2. Carrying large sums of money in direct route to and from a bank stopping only for casual conversation along the way;
    3 While Traveling- Travel had a common-law definition which could not be trusted to be worth the paper it was not written on.
    4. On the person's property or property under his control;
    5. post 1970s- while hunting, fishing or engaged in sporting activities if the arm is commonly used for the act\vity.

    In practice, it seemed ok to carry on a hunting lease or private land. A VIP could get appointed a Texas Ranger. Wealthy People were essentially exempt from this and most other prohibitions without victims. The law was selectively enforced and widely ignored by police though about 2800 people per year were arrested for UCW up until the 1990s.
     
  7. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    There is no cloture vote in the Texas Senate. They allow unlimited debate, so bills can be filibustered but it has to be an old-school Mr. Smith goes to Washington type filibuster where they talk the entire time.

    The downside of course, is it is late enough in the session, someone (or someones) might decide to take a run at it.
     
  8. J.E. Walker

    J.E. Walker Member

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    Interesting. supposing the democrat runs out of wind (never happen) or has to go to the bathroom, can a supporter of the bill then be recognized and talk out the clock??
     
  9. breakingcontact

    breakingcontact Member

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    Cannot filibuster in senate unless senate president allows it. Dewshurst did. I dont think Patrick will.
     
  10. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    Here is a quick piece on the rules of filibuster in the Texas Senate written during Davis's attempt: http://www.texastribune.org/2013/06/25/texplainer-what-are-rules-filibuster/

    Technically speaking, I don't think the Lt. Gov. can prevent a filibuster; but he can certainly make it a lot harder to sustain one.

    Not sure if whoever talks would have to delay until end of session or end of normal business (one day earlier) but either way, we are talking at least 24 hours or so if the Senate gets to it today (as the House plans). Davis was in a lot better shape than Rodriguez or Ellis and only made it 13 hours.
     
    Last edited: May 29, 2015
  11. breakingcontact

    breakingcontact Member

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    Texas legislative process is wild. Im not saying I have it mastered. When I asked w more knowledgeable friend about the potential of a democratic senator filibuster here said they can only do it if the president allows it.

    " INTERRUPTION OF MEMBER SPEAKING

    Rule 4.03. No member shall interrupt another Senator who has the floor or otherwise interrupt the business of the Senate, except for the purpose of making a point of order, calling the member having the floor to order, moving the previous question, demanding that a point of order under discussion or consideration be immediately decided, or making a motion to adjourn or recess. Though another member has the floor, any member shall be recognized by the presiding officer in order to call to order the member, to make a point of order, to move the previous question, or to demand that a point of order be immediately decided. A member who has the floor must yield to permit the Senate to receive messages from the Governor and from the House of Representatives and shall not lose the floor. A member who has the floor may yield for questions from other members and shall not lose the floor. In the event a member is interrupted because of a motion to adjourn or recess and the motion fails, the floor shall be immediately returned to the interrupted member. In the event the interrupted member was speaking under the previous question and a motion to adjourn or recess prevails, the member shall resume the floor and finish speaking when the bill is next considered by the Senate.

    PREVIOUS QUESTION

    Rule 6.09. Pending the consideration of any question before the Senate, any Senator may call for the previous question, and if seconded by five Senators, the presiding officer shall submit the question: "Shall the main question be now put?" If a majority of the members present and voting are in favor of it, the main question shall be ordered, the effect of which shall be to cut off all further amendments and debate and bring the Senate to a direct vote--first upon pending amendments and motions, if there be any, then upon the main proposition. The previous question may be ordered on any pending amendment or motion before the Senate as a separate proposition and be decided by a vote upon said amendment or motion."
     
  12. J.E. Walker

    J.E. Walker Member

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    That is a very good point. Part of it-regardless of health or stamina- may come down to whether the demimondaines are as LAZY as Davis. Her life script is full of shortcuts and entitlement driven half-way efforts.
     
  13. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    Just checked and the deadline to adopt conference committee reports is 11:59pm May 31st.

    On the Texas procedural rules aspect, I have a difficult time keeping up with that myself. I am going under a rough sense of reasoning instead. If the rules you listed above could cut off a filibuster, then no filibusters would ever happen because they would be too easy to kill - but filibusters have happened and recently - and the last attempt was not cut off using either of those rules. So while I can't make a legal argument for why those rules don't apply, it looks like they don't.
     
  14. breakingcontact

    breakingcontact Member

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    Rules can be suspended, enforced or ignored.

    Im near Austin and plan to go to the capitol if and when they vote. Was hoping it'd be today.

    Ive been following all of this for months and communicating with my state rep.

    Texas legislative process is intentionally messy.
     
  15. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    Texas certainly has a lot of things that could be done under the rules; but aren't because of an effort to maintain good will amongst the legislature. So tradition may play a role too.

    Good news is, if the Senate gets to it any time today, it is a moot point as the Senator filibustering would have to set a new state record under stricter filibuster rules.
     
  16. JRH6856

    JRH6856 Member

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    Looking at the Senate agenda, HB 910 is not on the agenda for today. Looking at the legislative calendar I expect the Senate to take it up on Sunday.

    910 is eligible for consideration in the House at 7:40pm today unless they suspend the rules and take it up sooner which would only likely happen if they clear everything in front of it.
     
  17. xxjumbojimboxx

    xxjumbojimboxx Member

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    Looks like were gunna need a buzzer beater. Itll feel that much better if it goes up though :)
     
  18. breakingcontact

    breakingcontact Member

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    Thanks for the update.
     
  19. xxjumbojimboxx

    xxjumbojimboxx Member

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    Should we all head to the capitol on the lord's day?
     
  20. elhombreconnonombre

    elhombreconnonombre Member

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    So, the only reason that the bill went back to the House after the Senate approved it with the no stop ame ndment was due to minor language differences in the no stop amendment? And that gave House members a chance to change their votes. Otherwise it would have gone directly to the Gov for Sig?
     
  21. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    Senate and House both just voted to adopt the conference committee report. HB910 is on the way to the Governor's desk and he has said he will sign it.

    Personally, I didn't think I would ever use open carry but I may have to get a nice BBQ rig just to go visit Acevedo after all this.
     
  22. breakingcontact

    breakingcontact Member

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    Nice. Too funny though. I figured they would vote this weekend so I didnt go to the capitol tonight! I guess I can catch it online.
     
  23. JRH6856

    JRH6856 Member

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    Not exactly.

    On the Third reading in the House, Dutton added his amendment. The amendment was approved and the bill passed to the Senate.

    The Senate committee that received the bill stripped the Dutton Amendment.

    When it cam to the Senate floor, Huffines added his amendment which, had to be worded slightly differently then the text that the Senate committee had stripped. This different wording (4 words) required House concurrance.
     
  24. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    In other news, looks like good odds to get some form of SB11 (Campus carry) as well. Committee report is already out on that.
     
  25. cptnemo

    cptnemo Member

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    Done Deal

    House/Senate PASS HB 910.
     
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