Posted on 04/20/2015 6:00:34 PM PDT by marktwain
The Texas licensed open carry bill has passed the third read vote in the House.
An amendment by Dutton was added on the third read. The substance of the amendment is that merely possessing a holstered handgun is not sufficient reason to detain or make an investigatory stop. On the third read, an amendment must obtain a 2/3 majority to be approved. This amendment reads:
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 a significant reform, in that it removes from the police the ability to harass open carriers on the pretext that the police need to determine that the carry is lawful. It places the burden of proof on the police, as it should be. It removes the authority of the government to demand "papers" to prove that you are allowed to do what you are peacefully doing.
RV# 297 — Unofficial Totals: 101 Yeas, 42 Nays, 1 Present, not voting
Yeas - Anderson, C.; Anderson, R.; Ashby; Aycock; Bell; Bohac; Bonnen, D.; Bonnen, G.; Burkett; Burns; Burrows; Button; Capriglione; Clardy; Cook; Craddick; Crownover; Cyrier; Dale; Darby; Davis, S.; Elkins; Faircloth; Fallon; Farney; Fletcher; Flynn; Frank; Frullo; Galindo; Geren; Goldman; Gonzales; Guillen; Harless; Herrero; Huberty; Hughes; Hunter; Isaac; Kacal; Keffer; Keough; King, K.; King, P.; King, S.; King, T.; Klick; Koop; Krause; Kuempel; Landgraf; Larson; Laubenberg; Leach; Longoria; Lozano; Metcalf; Meyer; Miller, D.; Miller, R.; Moody; Morrison; Murphy; Murr; Otto; Paddie; Parker; Paul; Peña; Phelan; Phillips; Pickett; Raney; Raymond; Rinaldi; Sanford; Schaefer; Schofield; Schubert; Shaheen; Sheets; Sheffield; Simmons; Simpson; Smith; Smithee; Spitzer; Springer; Stephenson; Stickland; Tinderholt; Turner, E.S.; VanDeaver; Villalba; White, J.; White, M.; Workman; Wray; Zedler; Zerwas
Nays - Allen; Alonzo; Alvarado; Anchia; Bernal; Blanco; Canales; Coleman; Collier; Davis, Y.; Deshotel; Dutton; Farias; Farrar; Giddings; González; Guerra; Gutierrez; Hernandez; Howard; Israel; Johnson; Lucio; Márquez; Martinez; Martinez Fischer; McClendon; Muñoz; Naishtat; Nevárez; Oliveira; Reynolds; Rodriguez, E.; Rodriguez, J.; Romero; Rose; Thompson, S.; Turner, C.; Turner, S.; Vo; Walle; Wu
Present, not voting - Mr. Speaker(C)
Absent, Excused - Miles; Price
Absent - Dukes; Riddle; Thompson, E.
If a bill is returned to the originating chamber with amendments, the originating chamber can either agree to the amendments or request a conference committee to work out differences between the house version and the senate version. If the amendments are agreed to, the bill is put in final form, signed by the presiding officers, and sent to the governor.
Conference committees are composed of five members from each house appointed by the presiding officers. Once the conference committee reaches agreement, a conference committee report is prepared and must be approved by at least three of the five conferees from each house. Conference committee reports are voted on in each house and must be approved or rejected without amendment. If approved by both houses, the bill is signed by the presiding officers and sent to the governor.
Understood but it IS progress.
I'm not looking for progress, I'm looking for the government to follow the rules.
You know. A hothead that won't take no for an answer. ;)
/johnny
Actually, Texas is embarrassed that they are behind Oklahoma and other states in getting this into law. Oklahoma conservatives are especially hard to keep up with, especially under Mary. (Fallon, governor)
Fair enough you old curmudgeon... :)
Oh, yeah.. he's retired to his ranch and out of Texas politics.
I love saying that...
/johnny
True dat. We all want Constitutional Carry, which isn't really something any legislature or government has real jurisdiction over anyway.
If a sufficient number of Americans simply stood up and said, "The Constitution is the LAW of the land, and we don't need any legislature's permission to exercise our God given rights", it'd all go away tomorrow.
That said, we've got to work within the society as it is, not as we wish it were.
Kansas signed Constitutional Carry into Law earlier this month!!
Hardcore all the way JR
We have Open Carry in Maine.
Constitutional Carry is on the verge of being a done deal soon. Half the democrats in the Maine House support it and virtually all the Republicans.
Then on to the Maine Senate, which is GOP controlled. Governor Paul LePage supports Constitutional Carry....he’s a staunch conservative.
Looking forward to having it become reality.
That's why we love ya, Johnny. You're a member of that 'tireless minority' I've heard about :-)
Rubbing it in there, sis? ;-)
(gotta admit - you're right)
We'll eventually get Constitutional Carry. I promise.
/johnny
Good going, Kansas!
When I was a little boy, LBJ was president and Texas was completely liberal Democrat.
They are rare as hen's teeth now.
Next step is to get rid of the liberal (R), like Dewhurst and Perry. And since they are out of Texas politics, it's time to get rid of Strauss and get Constitutional Carry.
Maine has Open Carry... This makes me sad that Texas doesn't yet.
/johnny
Thanks for the ping!
Interesting that our local congress critter - who does have an R behind his name - was absent.
great news, windflier!
could you add me to your pinglist?
many thanks,
WH57
You betcha. You're now on the Texas Ping List!
Many thanks for the add!
Some have told me that Texans were never liberal, even though most of them once registered as Dem. It's been said that, when the Democrat party began to be overtaken by radical libs and progressives, Texans moved to the Republican party.
That effect happened all over the country. Makes sense to me that it happened across the boards in Texas, as well.
Hell, when's the last time you heard anyone use the term, 'Dixiecrat'? This whole part of the country moved right when the Dems went full-on leftard.
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