Suspending limitations on conference committee
jurisdiction, H.B. No. 1776
By: Carter H.R. No. 842
73R11873 NSC-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 73rd Legislature, Regular Session, 1993, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 1776, to consider and
1-6 take action on the following specific matters:
1-7 (1) House Rule 13, Section 9(a)(2), is suspended to permit
1-8 the committee to omit Article 4413(29ee), Revised Statutes.
1-9 This change is necessary to delete the provisions that
1-10 establish requirements for the issuance of a license to carry a
1-11 concealed or an exposed handgun, procedures relating to the
1-12 revocation, suspension, or renewal of the license, fees relating to
1-13 the license, and offenses relating to carrying handguns, and other
1-14 provisions relating to the license.
1-15 (2) House Rule 13, Section 9(a)(2), is suspended to permit
1-16 the committee to omit the amendment of Section 37.01(1), Penal
1-17 Code.
1-18 This change is necessary to delete the inclusion of a license
1-19 to carry a concealed or exposed handgun from the definition of
1-20 "governmental record" for purposes of the offense of tampering with
1-21 a governmental record.
1-22 (3) House Rule 13, Section 9(a)(2), is suspended to permit
1-23 the committee to omit the amendments to Section 46.03, Penal Code.
1-24 This change is necessary to delete carrying a concealed or
2-1 exposed handgun and a license to carry a concealed or exposed
2-2 handgun from the list of exceptions to the application of Section
2-3 46.02, Penal Code, which establishes the offense of carrying a
2-4 handgun.
2-5 (4) House Rule 13, Section 9(a)(2), is suspended to permit
2-6 the committee to omit the amendments to Section 51.14, Family Code.
2-7 This change is necessary to delete the requirement that a
2-8 juvenile court issue to the Department of Public Safety records
2-9 held by the court relating to an applicant for a license to carry a
2-10 concealed or exposed handgun.
2-11 (5) House Rule 13, Section 9(a)(2), is suspended to permit
2-12 the committee to omit the amendments to Section 51.16, Family Code.
2-13 This change is necessary to delete the requirement that a
2-14 juvenile court issue to the Department of Public Safety sealed
2-15 records held by the court relating to an applicant for a license to
2-16 carry a concealed or exposed handgun.
2-17 (6) House Rule 13, Section 9(a)(1), is suspended to permit
2-18 the committee to strike Section 6 of the bill, which provides for a
2-19 binding referendum, and substitute the following:
2-20 SECTION 1. Referendum on Licenses to Carry Handguns. At a
2-21 general election to be held November 2, 1993, the voters shall be
2-22 permitted to vote in a referendum to express their opinion on
2-23 whether the Department of Public Safety should adopt rules for the
2-24 issuance of licenses to carry handguns.
2-25 SECTION 2. Ballot Proposition. The ballot shall be printed
2-26 to provide for voting for or against the proposition: "Authorizing
2-27 the Department of Public Safety to adopt rules for licensing and
3-1 training qualified citizens to carry handguns for self-protection."
3-2 SECTION 3. Form of Ballot. The proposition shall be printed
3-3 on the ballot beneath any proposed constitutional amendments under
3-4 the heading: "Referendum Proposition." Beneath the heading shall
3-5 be printed the following: "This referendum is an expression of
3-6 public opinion only and has no binding effect as law."
3-7 SECTION 4. Election Procedure. (a) Notice of the election
3-8 shall be given by inclusion of the proposition in the proclamation
3-9 by the governor ordering the election on the proposed amendments to
3-10 the state constitution, if any, and in the notice of that election
3-11 given by each county judge. If proposed amendments to the state
3-12 constitution are not to be voted on in conjunction with the
3-13 referendum, notice of the election shall be given and the election
3-14 shall be held in the manner applicable to a constitutional
3-15 amendment election.
3-16 (b) Returns of the votes cast on the proposition shall be
3-17 made and canvassed in the same manner as the returns on proposed
3-18 constitutional amendments.
3-19 (c) Immediately after the results of the election are
3-20 certified by the governor, the secretary of state shall transmit a
3-21 copy of the certification to the lieutenant governor and the
3-22 speaker of the house of representatives.
3-23 This change is necessary to provide for a nonbinding
3-24 referendum on the question of whether the Department of Public
3-25 Safety should adopt rules for the issuance of licenses to carry
3-26 handguns.