SB354 offered as amendement to SB 1581

[Jasonw560]

hush now before we accidentally prove it isn't germane

Education Code 61.003. definitions needs revision? ..... ok I'll put it on the TO-DO list if they don;t run out of time.

[Snap E Tom]

Sorry if I didn't catch this earlier, but why in the world would Zaffirini accept SB354 as an amendment to SB5 if she was against campus carry in the first place?

[Hoi Polloi]

Sorry if I didn't catch this earlier, but why in the world would Zaffirini accept SB354 as an amendment to SB5 if she was against campus carry in the first place?

She didn't. She opposed it and they took a vote and she lost. At that point, her choices were to add more amendments to gut Wentworth's amendment (which failed), to allow her bill to go to a vote (which would have passed campus carry), or to withdraw her bill (which is what she did).

[terryg]

Ok, the amendments are now online.

http://www.capitol.state.tx.us/BillLook ... ill=SB1581" onclick="window.open(this.href);return false;

The private opt out clause in the original SB354 read like this:

Code: Select all

(e)  A private or independent institution of higher
 	education in this state, after consulting with students, staff, and
 	faculty of the institution, may establish rules, regulations, or
 	other provisions prohibiting license holders from carrying
 	handguns on premises that are owned or operated by the institution
 	and located on the campus of the institution. For purposes of this
 	subsection, "premises" has the meaning assigned by Section 46.035,
 	Penal Code.

I cannot find similar language in the accepted amendment.

If I am wrong, please don't show me. (Just kidding)

[SC1903A3]

Since this amendment makes no mention of private universities and states Universities as defined under Eduation Code 61.003 which includes private universities under:

15) "Private or independent institution of higher education" includes only a private or independent college or university that is:(A) organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);(B) exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and(C) accredited by:(i) the Commission on Colleges of the Southern Association of Colleges and Schools;(ii) the Liaison Committee on Medical Education; or(iii) the American Bar Association.

Question: Does this mean private universities cannot opt out?

[Snap E Tom]

Sorry if I didn't catch this earlier, but why in the world would Zaffirini accept SB354 as an amendment to SB5 if she was against campus carry in the first place?

She didn't. She opposed it and they took a vote and she lost. At that point, her choices were to add more amendments to gut Wentworth's amendment (which failed), to allow her bill to go to a vote (which would have passed campus carry), or to withdraw her bill (which is what she did).

Ah, gotcha. Thanks.

[RPB]

Since this amendment makes no mention of private universities and states Universities as defined under Eduation Code 61.003 which includes private universities under:

15) "Private or independent institution of higher education" includes only a private or independent college or university that is:(A) organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);(B) exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and(C) accredited by:(i) the Commission on Colleges of the Southern Association of Colleges and Schools;(ii) the Liaison Committee on Medical Education; or(iii) the American Bar Association.

Question: Does this mean private universities cannot opt out?

All I'm sayin' any more ... is TBD ...To be determined ... because ........
We'll see what the House does to the Senate bill.
Contacting your Representative in the House OFTEN is important at this stage.

Please call and/or fax your Representative and ask them to oppose any attempt to remove Senator Wentworth's campus-carry provisions from SB 1581 (the HB 3639 companion).

Please oppose any attempt to remove Senator Wentworth's campus-carry provisions from SB 1581 (the HB 3639 companion).

I Faxed/E-mailed Rep Pitts and Aycock too (Authors of the House companion bill)
viewtopic.php?f=94&t=44934" onclick="window.open(this.href);return false;

I'm thinking this may be the reason he kept "postponing" his bill ... but I could be wrong
History:
http://www.capitol.state.tx.us/BillLook ... ill=HB3639" onclick="window.open(this.href);return false;

[Texas Size 11]

Can one of you all please explain how Zaff's bill opened the door for Wentworth? I don't fully understand what her bill was all about.

The way I understand it: because it was previously established that SB354 was germane to SB 5, Zaffirini's bill that she killed, once she added SB 5 as an amendment to SB 1581 AND it was determined that SB 5 was germane to SB 1581, by extension SB 354 became germane to SB 1581 where it would not have been before.

In other words, if she hadn't attached her bill SB 5 as amendment 4 to SB 1581, amendment 5 wouldn't have been able to be attached to SB 1581.


Oh, and WHOOP!

Thanks guys...seems like a rookie mistake on Zaff's part. Incompetence is a good friend sometimes.

[Jasonw560]

Private colleges can't "opt out" without the Public ones moaning and complaining about it.

There are more private/church run colleges than public ones. Maybe not by admissions, but by physical (premises) numbers. (4-year, not Junior or technical colleges)

40 in the main systems (Tech, A&M, U of H, and the one that shall not be named)

53 private/independent colleges.

http://en.wikipedia.org/wiki/List_of_co ... beral_arts

[BrianSW99]

Since this amendment makes no mention of private universities and states Universities as defined under Eduation Code 61.003 which includes private universities under:

15) "Private or independent institution of higher education" includes only a private or independent college or university that is:(A) organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);(B) exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and(C) accredited by:(i) the Commission on Colleges of the Southern Association of Colleges and Schools;(ii) the Liaison Committee on Medical Education; or(iii) the American Bar Association.

Question: Does this mean private universities cannot opt out?

The way I read the definition of Eduation Code 61.003, I think it looks like this will not legalize carry at private universities. I hope that can get corrected in the House.

[SC1903A3]

I called my representative told her to oppose removing the senate bill from the house bill.

[Kahrry]

This may have been stated but a little red flag went up when I read on another article

"The Texas Senate also passed a measure that would allow state lawmakers — themselves — to carry concealed handguns into places where they are normally banned, like churches and hospitals."

I have mixed emotions about this. My first reaction was "it's not fair" and my second though was "maybe this is actually leading from the front and establishing a step in the right direction." But really, what gives them the right over any other legally licensed citizen?

Full article: http://cnews.canoe.ca/CNEWS/World/2011/ ... 28061.html" onclick="window.open(this.href);return false;

[Hoi Polloi]

A number of the articles I read said they'll be able to carry in churches, restaurants, and sporting events, unlike other CHL holders.

What a crazy mish-mash of misunderstandings! Churches are listed but no longer forbidden for anyone, restaurants aren't listed at all and what I suppose they meant was bars, and sporting events is listed as a current restriction with the nuance of being professional sporting events, not Little League or a neighborhood pick-up game of b-ball. The news is just getting it ALL wrong, and now people will think all CHL holders are typically restricted from churches, restaurants, and any sporting event because of it.

I predict someone becoming alarmed not because of a firearm, but because of the perceived breach of law when they discover someone carries in one of the places the news said was off-limits.

[hirundo82]

A number of the articles I read said they'll be able to carry in churches, restaurants, and sporting events, unlike other CHL holders.

What a crazy mish-mash of misunderstandings!

The Fox station in Houston was saying that they would be allowed to carry in places regular people couldn't, including churches, bars, and businesses. The last one had me going