Where are we now?

[KAK]

There are allot of contradicting thread titles and information. One day I think campus carry failed, the next I hear it passes with an allowance for private colleges as well.

What about open carry?

If I recall correctly the employee parking lots is the only thing headed for Perry's desk at the moment.

 

[Bithabus]

Nothing is heading to Perry yet. The Senate has to agree to the amendments made by the House to the parking lot bill.

 

[KAK]

What chances do you give total passage to each of the 3 bills?

 

[Bithabus]

What chances do you give total passage to each of the 3 bills?

Well parking lot already passed the Senate so I'd guess they will agree to the amended form and get it passed out.
The House wants College carry and it got stuck on an important education bill, so I have high hopes it will get through.
Open carry is still technically dead.

 

[KAK]

Thank you brotha. That's the info I was looking for!!

 

[mdehoogh]

Thank you brotha. That's the info I was looking for!!

There is some debate over whether or not the text applies to all colleges or not.

SB1581 82(R) SB 1581 - Engrossed version - Bill Text

Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or leased by an institution of higher education.
(2) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(3) "Premises" has the meaning assigned by Section 46.035, Penal Code.
(b) Except as otherwise provided by this section, a license holder may carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education in this state.
(c) Except as provided by Subsection (d), an institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
(d) An institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories that are owned or operated by the institution and located on the campus of the institution.
(e) This section does not permit a license holder to carry a concealed handgun on or about the premises of a hospital maintained or operated by an institution of higher education. In this subsection, "hospital" has the meaning assigned by Section 241.003, Health and Safety Code.
(f) This section does not permit a license holder to carry a concealed handgun on the premises of a preschool, elementary school, or secondary school that is located on the campus of an institution of higher education if the institution gives effective notice under Section 30.06, Penal Code.

According to TEC 61.003 EDUCATION CODE**CHAPTER 61. TEXAS HIGHER EDUCATION COORDINATING BOARD

(8) "Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in this section.

It's still working its way through the house though so perhaps there's still a chance to amend it

 

[Bithabus]

There is some debate over whether or not the text applies to all colleges or not.

SB1581 82(R) SB 1581 - Engrossed version - Bill Text
According to TEC 61.003 EDUCATION CODE**CHAPTER 61. TEXAS HIGHER EDUCATION COORDINATING BOARD
It's still working its way through the house though so perhaps there's still a chance to amend it

"Private or independent institution of higher education" is defined in that section, 5 items down.

 

[mdehoogh]

"Private or independent institution of higher education" is defined in that section, 5 items down.

The way I read SB1581, it doesn't seem to be referring to any school defined in 61.003, rather, it's specifying "institution of higher education" which is an exact term defined in 61.003(8)

I hope I've misunderstood the intention of the bill

 

[hogrider]

Exactly what is the problem with open carry? Is it another wordsmith issue or has it been voted on and died?
I though it was supposed to be voted on last Monday. Confused! Do we need to contact our reps again?

 

[Bithabus]

Nevermind.

 

[Bithabus]

Exactly what is the problem with open carry? Is it another wordsmith issue or has it been voted on and died?
I though it was supposed to be voted on last Monday. Confused! Do we need to contact our reps again?

The OC bill made it out of committee but was not scheduled by Calendars before the deadline passed.
Texas Legislature Online - 82(R) History for HB 2756

 

[mdehoogh]

So we go to 61.003 Education code to look up what "institution of higher education" means:
(8) "Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in this section.

Note the second part of the definition,
OR other agency of higher education as defined in this section
This is telling us other agencies of higher education, as long as they are defined in the same section, also count as "institutions of higher education".

But "other agency of higher education" isn't a generalized term to include all of 61.003, it's specifically defined in 61.003(6).

 

[Bithabus]

But "other agency of higher education" isn't a generalized term to include all of 61.003, it's specifically defined in 61.003(6).

OK, I see what you're saying now. Hmm.