TX: Open Carry Passed out of Senate Committee, Amended

Gun Watch ^ | 19 May, 2015 | Dean Weingarten

[marktwain]

Early reports from observers at the Senate State Affairs committee in Texas have written that HB 910, the licensed open carry bill, has been passed and sent to the whole Senate.  From Texasguntalk.com:

Texas Gun Legislation - 2015 84th Session

Game on, they're back. Substitute approved.

 It appears that the Dutton Amendment, which would prohibit police from stopping open carriers without probable cause, has been stripped out

They removed the cop stop amendment. That's why they called it HB 910 Substitute.

 The Senate might be able to pass an amendment returning HB 910 to the form passed by the House. If it does that, then it would go to the Governor.   I believe that on the third read, an amendment has to have 2/3 of the votes to pass.  There might well be enough votes in the Senate to obtain that 2/3 majority.

Here is the amendment that was stripped from the House bill in the Senate State Affairs committee:

CERTAIN INVESTIGATORY STOPS AND INQUIRIES PROHIBITED.   A peace officer may not make an investigatory stop or other temporary detention to inquire as to whether a person possesses a handgun license solely because the person is carrying a partially or wholly visible handgun carried in a shoulder or belt holster.

This is actually very close to what currently exists in Constitutional law.  I doubt that it will make much difference over the long run.   In the short run, it would normalize open carry a bit more quickly.

The official votes on from the committee have not been posted yet.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

At least open carry is moving. I have not seen campus carry being worked on for a while.

The educrats have a lot of pull.

[marktwain]

Ping

[Clump]

I guess if it passes without being identical to HB 910 then it will have to go back to the House for another vote.
I’m not sure how long that takes or what the process is for that.
I wish they didn’t make any changes.
That said I am confident that cops are not allowed to stop and check a license simply because a person carries openly once the law goes into effect.
The important thing is to get this passed.
Next term we can work on Constitutional Carry.

[marktwain]

That is what I see as well. I’d like to see the full Senate pass the House bill, and send it on to Governor Abbot.

[JRandomFreeper]

Thank you for the ping. It is always good to know what is going on.

I see the part that was stripped out as redundant anyway.

Everyone knows how I feel about open carry and the 2nd being the only authorization I need.

But if Austin feels better busting the Constitution to get open carry, then that's what they will do. I won't stand in their way.

I will keep screaming about the 2nd, though.

/johnny

[zeugma]

Looks to me like they are playing games with us. As usual.

[thackney]

ping

[Clump]

After some research it looks like once the senate passes the bill it will be pretty simple.
The House author can bring it to a final vote on the floor and we don’t have to count on the Speaker.
That’s my understanding anyway.

[marktwain]

I hope that your are correct.

[BigCinBigD]

It's been passed to the Senate floor, a vote will be done probably this week. It will pass and be sent to the Govener to be signed.

January 1st (My Birthday) Open carry will be law. I have NO issue with police officers asking to see my CHL. Good way to meet some nice people.