Tuesday, May 26, 2015

TX: Differences in House and Senate Open Carry Versions of HB 910



In this document from the Texas legislature(pdf), the line by line differences in the House and Senate versions of HB 910 are shown.

All of the differences are in the Dutton and Huffines amendments.   The Huffines amendment was said to be identical to the Dutton amendment, but that turned out to be untrue.  Here are the two amendments:

The Dutton amendment:

SECTION 29. Subchapter H, Chapter 411, Government
Code, is amended by adding Section 411.2049 to read as
follows:
Sec. 411.2049. 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. 

The Huffines amendment:

 SECTION __. Subchapter H, Chapter 411, Government
Code, is amended by adding Section 411.2049 to read as
follows:
Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND
INQUIRIES PROHIBITED. A peace officer may not make
an investigatory stop or other temporary detention to inquire
as to a person's possession of a handgun license solely because
the person is carrying in a shoulder or belt holster a partially
or wholly visible handgun.
[FA9]


I have highlighted the changed wording in the Huffines amendment.  You can see that there is no substantive difference.


In today's society with most people familiar with the cut and paste corrections of digital documents, one wonders if an early version of the Dutton amendment  was cut and pasted instead of the one that eventually passed the House with a 101 to 42 majority.   The legislation passed the Senate, 20 to 11.  Governor Abbott has said that he will sign what open carry legislation comes to his desk.

Whatever the case, the minor wording differences mean that a house concurrence vote will be necessary.  There should not be any amendments or scheduling games, from what I understand.

A concurrence vote should come this week, but I do not see it scheduled yet.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

4 comments:

Anonymous said...

I like the Huffines amendment better because it makes it clear that open carry is completely legal.

Anonymous said...

How many people understand the term Sovereign Citizen. It means we are the kings in our own castle and that we have certain rights no matter where we are. When we hire cops to investigate crime and bring the guilty to justice, we are delegating our sovereign authority to them. They only have the authority we delegate (loan). We have arrest authority but we hire cops to do it. AND we have any authority any cop has even US martials. But it Is always comfortable to let someone else do it. WE are all sovereign citizens at birth, that is the primary value of being born American.

Anonymous said...

Great story for Texas. That photo is a coffee shop in Spokane, Washington.

Dean Weingarten said...

Yes, you are correct.