June 24, 2013

Vol. 7   No. 18

New Legislation  -  2013

(Click on Bill No. for full text)

  • SB 299 Inadvertent display protects against charges of unlawful carry for the inadvertent or accidental display of a handgun by a Concealed Handgun Licensee. (Effective 9/1/13)

  • SB 864 CHL Instruction Time reduces the minimum number of required classroom training for original and renewal CHLs from 10-15 to 4-6 hours. A long overdue revision as the original 10-15 hours was set before the course material was written. The revision is more than adequate time to cover all the required material with CHL applicants. (Effective 9/1/13)

  • SB 987 State Preemption Injunction allows the Texas Attorney General to seek a temporary or permanent injunction against a city or county that adopts a regulation in violation of the State Firearms Preemption Statute. (Effective Immediately)

  • SB 1400 BB and Air Guns Inclusion protects BB guns and other air guns against most local regulations by including them in the State Firearms Preemption Statute. (Effective Immediately)

  • SB 1857 School Safety Certificates directs the Texas DPS to establish a process by which qualified concealed handgun instructors may obtain additional certification in “school safety”. Successful completion of this advanced training would allow the instructor to teach these advances security techniques to employees of school districts or open-enrollment charter schools who hold CHLs. (Effective 9/1/13)

  • SB 1907 Firearms in Cars prohibits public and private colleges and universities from adopting or enforcing policies restricting the possession, transportation and storage of any lawfully-owned firearms and ammunition by CHLs in their locked, privately-owned motor vehicles while driving through or parking on campus. (Effective 9/1/13)

  • HB 48 CHL No Class Renewals streamlines the process for renewal of a CHL by eliminating the continuing education requirement and handgun proficiency demonstration. Applicants would still be required to renew their licenses every five years, but they would be provided with an informational form regarding pertinent firearms and deadly force laws, which would have to be signed and turned in with the CHL renewal application. Renewal applications can be submitted on the Internet. (Effective 9/1/13)

  • HB 333 Firearms in Hotels requires hotels which restrict the possession, storage or transportation of firearms to notify guests of such policies on their websites or when confirming reservations. (Effective 9/1/13)

  • HB 485 CHL Renewal Fees reduces fees for original/renewal CHL charged to veterans who are honorably discharged after at least one year of military service, reserve and part-time peace officers, Texas Department of Criminal Justice (TDCJ) correctional officers and members of the Texas Military Forces from $70 to $35, respectively, to $25. (Effective 9/1/13)

  • HB 698 CHL Fingerprints requires DPS to establish procedures for the submission of fingerprints by CHL applicants who live in counties with populations of less than 46,000 and do not live within 25 miles of a designated facility capable of processing them digitally or electronically. Availability of such services continues to be a problem in rural areas, as the state currently only contracts with one company. (Effective 9/1/13)

  • HB 1009 School Marshal The “Protection of Texas Children Act” creates a new category of law enforcement called a “school marshal” in public k-12 schools and charters. Marshal’s will be allowed to carry a gun and their identity would only be known to the school’s head administrator and law enforcement. If working in a classroom or around children, the school marshal’s weapon will be locked away but within reach. Effective immediately. In order to become a school marshal, applicants would have to complete an intensive training program developed by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). However, the program would also be open to any employee of a school district or open-enrollment charter school who has a CHL. The governing bodies of the institutions would decide whether to appoint marshals to certain schools. (Effective Immediately)

  • HB 1349 CHL No SSN Required prohibits the Texas DPS from requesting or requiring that an applicant’s social security number be disclosed during the process of obtaining an original or renewal CHL. (Effective Jan 1, 2014)

  • HB 1421 Seizure and Sell allows firearms seized by law enforcement in connection with a crime, and not returnable to a rightful owner, to be sold at a public sale to a federal firearms licensed dealers rather than be destroyed. Proceeds go to the law enforcement agency that seized it. (Effective 9/1/13)

  • HB 3142 CHL Handgun Category Removed repeals both the requirement that CHL applicants demonstrate proficiency with a specific category of handgun (semi-automatic or non-semi-automatic) and the limitation on CHLs carrying the category of handgun with which they qualified. (Effective Immediately)

Practice, Practice, Practice


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