Texas Open Carry Passes Final Vote in House 101- 42

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.

The vote has not been certified by the House Clerk, but is expected to be shortly.   As there are amendments on the bill as received from the Senate, further action is necessary.  From state.tx.us:

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.

The bill still has to be agreed to by the Senate or go to a conference committee, and then to the Governor.  I do not foresee any surprises on the way to Governor Abbott's desk.

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