HB308

[CJD]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

[Keith B]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

If you go into the secure area, which is where the jail or holding cells would be. They are to provide a storage for your handgun.

[CJD]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

If you go into the secure area, which is where the jail or holding cells would be. They are to provide a storage for your handgun.

Oh ok, so this would still be in effect even if "correctional facilities" was removed?

[Charles L. Cotton]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

You can be disarmed in any non-public area of a law enforcement facility. As Keith noted, lockboxes must be provided for your handgun.

Chas.

[CJD]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

You can be disarmed in any non-public area of a law enforcement facility. As Keith noted, lockboxes must be provided for your handgun.

Chas.

Thanks for the answers! Is that in the penal code? I'm just interested.

[Charles L. Cotton]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

You can be disarmed in any non-public area of a law enforcement facility. As Keith noted, lockboxes must be provided for your handgun.

Chas.

Thanks for the answers! Is that in the penal code? I'm just interested.

It's in the Government Code §411.207(b) See below.

Chas.

Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.

(d) In this section:

(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:

(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or

(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.

(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

[CJD]

No, because a CHL can be disarmed in police departments and sheriff's offices, the only locations where you will find jails. No one is getting into a prison with a handgun, so there is no need for a separate offense.

Chas.

In what circumstances can you be disarmed in a police station?

You can be disarmed in any non-public area of a law enforcement facility. As Keith noted, lockboxes must be provided for your handgun.

Chas.

Thanks for the answers! Is that in the penal code? I'm just interested.

It's in the Government Code §411.207(b) See below.

Chas.

Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.

(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.

(d) In this section:

(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:

(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or

(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.

(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.

Awesome, thanks!

[Jaguar]

Please don't get me wrong, just because I'd like to see the penalty reduced in 30.06 does not mean I won't support this bill. I agree with Mr. Cotton, this is the most important bill this session and I am happy to see it being filed already. Last time, IIRC HB 3218 was not filed until the middle of the session which may have lowered its chances for being passed. HB 308 should have a head start and be on the radar earlier giving us time to really push it hard.

I encourage all members to wait for the call to action and when signaled by Charles evey phone and fax should be lit up with support of this bill. We should pressure the committee to pass this bill to the floor, and then pressure the floor for a vote, and encourage our reps to pass the bill.

There will be other good and bad bills out there that require our attention, but in my opinion this is the one we need to throw our collective weight behind and make sure it passes.

[kg5ie]

Page 4, line 2:

Why is the word "License" being stricken from the definition? Or is this just some more "clean up" that is needed on the bill such as the removal of language regarding"license category" ?

[Jaguar]

Page 4, line 2:

Why is the word "License" being stricken from the definition? Or is this just some more "clean up" that is needed on the bill such as the removal of language regarding"license category" ?

They are just moving it to Sec 46.035(d). It is difficult to read with all the strikethroughs and added text being underlined, but it is correct. It starts on line 19 of page 3, so paragraph (d) will now read, "(d) In this section "license holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code."

[kg5ie]

Page 4, line 2:

Why is the word "License" being stricken from the definition? Or is this just some more "clean up" that is needed on the bill such as the removal of language regarding"license category" ?

They are just moving it to Sec 46.035(d). It is difficult to read with all the strikethroughs and added text being underlined, but it is correct. It starts on line 19 of page 3, so paragraph (d) will now read, "(d) In this section "license holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code."

OK, found it. Thanks. Yes, it seems to read correctly. I assume there will be some cleaned up copies if there is ever any voting done on this one. It will be interesting to watch, but I doubt it will see the light of day.

[Beiruty]

Is this statement in the bills still necessary?

"handgun of the same category the person is licensed to carry"

I thought that there is no more SA or Revolver categories. I just saw this language in HB 308.

[Charles L. Cotton]

Is this statement in the bills still necessary?

"handgun of the same category the person is licensed to carry"

I thought that there is no more SA or Revolver categories. I just saw this language in HB 308.

You are correct. I have drafted a committee substitute that fixes this and makes other changes.

Chas.

[C-dub]

People miss properly posted 30.06 signs all the time. Since they don't have to be at every entrance or even at an entrance some people just don't walk by where it is posted. Even some of our members here have said that they didn't see one only to have another member point out where it is posted. Malls are prime examples due to having multiple entrances.

[Jumping Frog]

Again, I fully agree with you that violating TPC §30.06 should be a Class C. However, no one is going to unintentionally miss a properly posted §30.06 sign. It's big and it must be posted where a reasonable person will see it before entering. I wouldn't even try to sell the Legislature on the fact that a properly 30.06 sign could be missed. I also feel that trespassing on someone's property is in a different category than becoming intoxicated. The former is an intentional act and the latter likely is not.

You have to remember that to reduce the classification of a §30.06 violation from an A to a C, we must argue that the penalty for one's intentional act in violation of a criminal statute should be punished at a reduced level. That's a hard sell, not impossible, but a hard sell. The only way I see it happening is if a first offense is a Class C and all subsequent violations are a Class B.

One possibility for future consideration would be to change the culpability to "intentionally or knowingly" committing trespass.