Question on TX Legislation

[nainc]

Does anyone happen to know if Texas has passed an "emergency preparedness" bill yet?

I saw PA just passed one. Was curious if anything was pending in Austin (or has already been passed).

Thanks,

nainc

 

[csmkersh]

*

• Please describe what you mean by "emergency preparedness." Nothing was passed in the last session of the legislature in 2007. The legislature won't meet again until 2009.

 

[Shadow1198]

What exactly is an emergency preparedness bill?

One bill Governor Perry did sign on 9-1-2007 was:

SB 112

HB 258 (same thing)

This bill was enacted and offers specific protection against firearms confiscations in times of emergency. From what I understand, it was specifically enacted to prevent any occurrence of unconstitutional firearms confiscations as happened in New Orleans.

 

[Rob G]

TX passed a bunch of pro-gun stuff in 2007. I assume you're talking about the "emergency powers" legislation that Shadow 1198 has links too. In which case, yes, TX did pass that.

 

[csmkersh]

*

• TX passed a bunch of pro-gun stuff in 2007.

  Rob is correct. Texas passed a number of pro-gun bills in 2007. I was speaking of "emergency preparedness" only. Some of what was passed is:
  
  
  1. A castle/no retreat bill. This bill spells out explicitly that if you are where you have legal right to be, you have no duty to retreat before using force/deadly force. Texas never had a written requirement to retreat, just less than ethical DAs (can you say Harris County DA?). The best thing about this bill is it protects against civil suits if the shoot is a good one.
     
     
  2. Traveling once again redefined. If you are in a vehicle and have a handgun that is not in plain sight, under the new definition you are legal even if you do not possess a CHL.
     
     
  3. A revision to TxPC 30.06, Criminal Trespass by a CHL holder. The revision prohibits any governmental agency from posting. Courts are covered under another section of Texas law and firearms are not permitted there.
  
  I must remind all that in Texas, rifles and shotguns are not regulated; only handguns. We may also carry a concealed handgun into a business that sells alcohol for off premises consumption. We may carry in a restaurant if it earns less than 51% from the sale of alcohol.
  

 

[Nate C.]

God Bless Texas.

 

[Titan6]

Also made CHL free to service members

 

[DFW1911]

I think you've covered the big points. For me they were "travel" was finally defined and

From what I understand, it was specifically enacted to prevent any occurrence of unconstitutional firearms confiscations as happened in New Orleans.

- that's what I understand as well.

Take care,
DFW1911

 

[nainc]

Thanks for all the replies everyone! What I was looking for was the HB 258 reference.

I wasn't sure if confiscations were to be expected in Texas in the event of a Katrina-like disaster. I can see that wouldn't be the case.

(Not that they could find them all anyway.)

 

[csmkersh]

Remember, though, the LA constitution forbade the Major's and police chief's actions. But they confiscated weapons anyway.​

 

[Shadow1198]

That's the only catch, is the law doesn't physically restrain someone in power from abusing it. What it does do is give us yet another tool to sue the bastards into bankruptcy and judiciously destroy their lives through litigation for abusing citizens in an unconstitutional manner. The NRA took Ray Nagin to federal court, won, and from what I remember a federal judge issued him a cease and desist order with the threat of prosecution. I still don't see how that b@stard isn't in a federal penitentiary for what he did.

Either way, this is Texas. Usually we don't put up with BS here. I highly doubt anyone here has the cojones to attempt something like that, or the ability to gain enough support to actually put a confiscation in action.

 

[Drysdale]

Here's a summary of all of it:

http://akeyboardanda45.blogspot.com/2007/07/wrap-up-of-2007-texas-firearms.html

 

[Jenrick]

I doubt you could get many Texas LEO's to go along with it. I and most of the other officers who follow the legislature and legal matters in general, also happen to be pro RTKB. We also have a very clear policy regarding illegal orders. I think sitting down with my shift with copy of the penal code and the Bills mentioned would take care of things.

-Jenrick

 

[Shadow1198]

Thank you very much for your service Jenrick. I have the utmost respect for anyone in LE/Military, and it's always nice to hear from someone else's perspective in those communities. As a civilian in Texas in traffic stops, and other times when dealing/talking with Texas LEO's, it has been my experience that Texas LEO's are some of the nicest and most laid back LEO's in the nation as far as I'm concerned. Keep up the great work.

 

[Jenrick]

Thanks for the compliment, believe me it's nice to hear some people say nice things to us for once

-Jenrick

 

[skinewmexico]

And everyone in Texas should be a member of TSRA, where they get these legislative updates, and have a local gun lobby.

 

[MechAg94]

I agree on both of those things.

1. LEO's that I have come in contact with here have been very professional and good people. I think every one of them has asked what I carry when I showed them my CHL. One time a couple guys in Houston had me get out of the truck when I told them I was wearing my gun, but didn't bother taking it. I was wearing a belly band with a T-shirt and shorts. I think they just wanted to know how I concealed it. Got a verbal warning for speeding.

2. TSRA is a great organization and they have gotten a lot of things done over the last 10 years. Things happen slow since the legislature only meets for 6 months every two years, but we have been getting our way. They also don't bombard you with money requests every other day.