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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/10/2005 8:09:01 PM EDT
[Last Edit: 9/10/2005 8:13:44 PM EDT by FreeManDan]
“Eight National Rifle Association (NRA)-backed bills previously signed by Texas Governor Rick Perry will take effect September 1, 2005.

Chris W. Cox, NRA chief lobbyist, stated, “We would like to thank Governor Perry for signing these bills. The great state of Texas, once again, leads the way to protect and strengthen the rights of all law abiding citizens.”

Governor Perry, a longtime advocate for the Second Amendment, stated, “The right to keep and bear arms is a fundamental right of every law-abiding citizen in our country. This legislation will clarify existing firearms laws, enhance protections for law-abiding gun owners and reduce barriers for gun ownership.”

Gov. Perry signed:

•House Bill 225 (Driver) extends the renewal period for a concealed handgun license from four to five years without an increase renewal fee.
•House Bill 322 (Hupp) reduces all fees for a concealed handgun license for military members by 50% and lowers the age from 21 to 18 for members of the military to obtain a concealed handgun license.
•House Bill 685 (Rose) exempts military members and veterans from taking the range portion of the concealed handgun process if they had been weapons certified in the military within the past five years prior to application for the license.
•House Bill 1483 (Frost) expands methods by which applicants for a concealed handgun license may pay the fees to include check, cash, and credit card. Currently, only cashiers checks and money orders are accepted.
•House Bill 823 (Keel) takes important steps toward clarifying law-abiding Texans’ rights to carry concealed handguns for protection in their vehicles without a permit.
•House Bill 1038 (Isett) reduces the fee for renewal of a concealed handgun permit for senior citizens by 50 %.
•House Bill 1831 (Talton) changes the terms of eligibility for a concealed handgun license.
•House Bill 1066 (amended into HB 225) (Hegar) increases the number of states eligible for reciprocity with Texas.”
hat
EDIT:www.nraila.org/News/Read/Releases.aspx?ID=6391
Link Posted: 9/11/2005 4:20:29 PM EDT
New Law on Carrying Firearm while “Traveling”
(House Bill 823, 79th Regular Legislative Session, amending Penal Code
Sections 2.05 and 46.15)

In Texas, it is generally unlawful to carry a handgun in public, including within a private
vehicle. However, Texas also recognizes several exceptions. One such exception is applicable
when the citizen is “traveling.”
“Traveling” has never been defined by the legislature. Texas courts have said that in
general, the determination of whether a citizen is traveling is to be determined on a case by case
basis, depending on the specific circumstances. Texas courts have generally considered the
distance, time, and mode of travel in determining whether the citizen is traveling and have found
“traveling” to generally encompass overnight travel, through multiple counties.
The change in the law, effective September 1, 2005, places the burden of proof on the
State rather than the citizen as to whether or not the citizen was traveling. In other words, the
State must prove beyond a reasonable doubt that the citizen was NOT traveling, rather than the
citizen having to prove that he or she WAS traveling. The new law also describes the
circumstances under which a citizen will be presumed by a jury to be traveling.
Some local law enforcement and prosecuting agencies have indicated that they will
continue to make arrests and file charges when they encounter citizens carrying handguns in
motor vehicles and will allow juries to determine whether citizens were traveling. DPS has no
authority to determine or to comment on how this law will be enforced by the various local law
enforcement and prosecuting agencies in the State of Texas.


sorry about the formating, copied from txdps pdf file
Link Posted: 9/13/2005 5:49:06 PM EDT
[Last Edit: 9/21/2005 5:17:19 PM EDT by cody]

Originally Posted By FreeManDan:
And 1031, what are the terms of eligibility?



Think you meant HB 1831, which is now in effect. In short, it means someone who got deferred adjudication >10 years ago can apply - it makes the definition of "deferred adjudication" carry over to CHL applications as well.

HB 823 defines "travelling" (finally!) and goes on to outline how it is to be interpreted by the courts.

Everything you could ever want to know about bills, their status, their modifications, etc. can be found on the State House's site:

www.house.state.tx.us/bills/welcome.php

hth,
cody

ETA: Both were signed into law, btw.


HB 1831
AN ACT relating to the definition of "convicted" for purposes of eligibility to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.171(4), Government Code, is amended to read as follows:
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an
order of deferred adjudication entered against a person by a court of competent jurisdiction whether
or not the imposition of the sentence is subsequently probated and the person is discharged from
community supervision. The term does not include an adjudication of guilt or an order of deferred
adjudication that has been subsequently:
(A) expunged; or
(B) pardoned under the authority of a state or federal official.
SECTION 2. Subchapter H, Chapter 411, Government Code, is amended by adding Section
411.1711 to read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted,
as that term is defined by Section 411.171, if an order of deferred adjudication was entered
against the person on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of deferred adjudication was
entered against the person for an offense under Title 5, Penal Code, or Chapter 29, Penal
Code.
SECTION 3. This Act takes effect September 1, 2005.



HB 823
AN ACT relating to the applicability of the offense of unlawful carrying of weapons to certain persons
and to the consequence of certain presumptions in the prosecution of a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding Subsection (i) to read as follows:
(i) For purposes of Subsection (b)(3), a person is presumed to be traveling if the person is:
(1) in a private motor vehicle;
(2) not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic;
(3) not otherwise prohibited by law from possessing a firearm;
(4) not a member of a criminal street gang, as defined by Section 71.01; and
(5) not carrying a handgun in plain view.
SECTION 2. Section 2.05, Penal Code, is amended to read as follows:
Sec. 2.05. PRESUMPTION. (a) Except as provided by Subsection (b), when [When] this code or
another penal law establishes a presumption with respect to any fact, it has the following
consequences:
(1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of
the existence of the presumed fact must be submitted to the jury, unless the court is
satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable
doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the
jury, in terms of the presumption and the specific element to which it applies, as follows:
(A) that the facts giving rise to the presumption must be proven beyond a reasonable doubt;
(B) that if such facts are proven beyond a reasonable doubt the jury may find that the
element of the offense sought to be presumed exists, but it is not bound to so find;
(C) that even though the jury may find the existence of such element, the state must prove
beyond a reasonable doubt each of the other elements of the offense charged; and
(D) if the jury has a reasonable doubt as to the existence of a fact or facts giving rise to
the presumption, the presumption fails and the jury shall not consider the presumption
for any purpose.
(b) When this code or another penal law establishes a presumption in favor of the defendant with
respect to any fact, it has the following consequences:
(1) if there is sufficient evidence of the facts that give rise to the presumption, the issue of
the existence of the presumed fact must be submitted to the jury unless the court is
satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable
doubt of the presumed fact; and
(2) if the existence of the presumed fact is submitted to the jury, the court shall charge the
jury, in terms of the presumption, that:
(A) the presumption applies unless the state proves beyond a reasonable doubt that the
facts giving rise to the presumption do not exist;
(B) if the state fails to prove beyond a reasonable doubt that the facts giving rise to the
presumption do not exist, the jury must find that the presumed fact exists;
(C) even though the jury may find that the presumed fact does not exist, the state must
prove beyond a reasonable doubt each of the elements of the offense charged; and
(D) if the jury has a reasonable doubt as to whether the presumed fact exists, the
presumption applies and the jury must consider the presumed fact to exist.
SECTION 3. The changes in law made by this Act apply only to an offense committed on or after
the effective date of this Act. An offense committed before the effective date of this Act is
covered by the law in effect at the time the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2005.
Link Posted: 9/20/2005 11:01:43 PM EDT
So we Texans can carry a pistol in the glovebox w/o a permit and that's just dandy as long as we're "travelling"? Cool.
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