By: Patterson S.R. No. 1146
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, 73rd
1-2 Legislature, Regular Session, 1993, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 1776 to consider and take action on the following specific
1-6 matters:
1-7 (1) Senate Rule 12.03(2) is suspended to permit the
1-8 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) Senate Rule 12.03(2) is suspended to permit the
1-16 committee to omit the amendment to Section 37.01(1), Penal Code.
1-17 This change is necessary to delete the inclusion of a license
1-18 to carry a concealed or exposed handgun from the definition of
1-19 "governmental record" for purposes of the offense of tampering with
1-20 a governmental record.
1-21 (3) Senate Rule 12.03(2) is suspended to permit the
1-22 committee to omit the amendments to Section 46.03, Penal Code.
1-23 This change is necessary to delete carrying a concealed or
1-24 exposed handgun and a license to carry a concealed or exposed
2-1 handgun from the list of exceptions to the application of Section
2-2 46.02, Penal Code, which establishes the offense of carrying a
2-3 handgun.
2-4 (4) Senate Rule 12.03(2) is suspended to permit the
2-5 committee to omit the amendments to Section 51.14, Family Code.
2-6 This change is necessary to delete the requirement that a
2-7 juvenile court issue to the Department of Public Safety records
2-8 held by the court relating to an applicant for a license to carry a
2-9 concealed or exposed handgun.
2-10 (5) Senate Rule 12.03(2) is suspended to permit the
2-11 committee to omit the amendments to Section 51.16, Family Code.
2-12 This change is necessary to delete the requirement that a
2-13 juvenile court issue to the Department of Public Safety sealed
2-14 records held by the court relating to an applicant for a license to
2-15 carry a concealed or exposed handgun.
2-16 (6) Senate Rule 12.03(1) is suspended to permit the
2-17 committee to strike Section 6 of the bill, which provides for a
2-18 binding referendum, and substitute the following:
2-19 SECTION 1. Referendum on Licenses to Carry Handguns. At a
2-20 general election to be held on November 2, 1993, the voters shall
2-21 be permitted to vote in a referendum to express their opinion on
2-22 whether the Department of Public Safety should adopt rules for the
2-23 issuance of licenses to carry handguns.
2-24 SECTION 2. Ballot Proposition. The ballot shall be printed
2-25 to provide for voting for or against the proposition: "Authorizing
2-26 the Department of Public Safety to adopt rules for licensing and
2-27 training qualified citizens to carry handguns for self-protection."
3-1 SECTION 3. Form of Ballot. The proposition shall be printed
3-2 on the ballot beneath any proposed constitutional amendments under
3-3 the heading: "Referendum Proposition." Beneath the heading shall
3-4 be printed the following: "This referendum is an expression of
3-5 public opinion only and has no binding effect as law."
3-6 SECTION 4. Election Procedure. (a) Notice of the election
3-7 shall be given by inclusion of the proposition in the proclamation
3-8 by the governor ordering the election on the proposed amendments to
3-9 the state constitution, if any, and in the notice of that election
3-10 given by each county judge. If proposed amendments to the state
3-11 constitution are not to be voted on in conjunction with the
3-12 referendum, notice of the election shall be given and the election
3-13 shall be held in the manner applicable to a constitutional
3-14 amendment election.
3-15 (b) Returns of the votes cast on the proposition shall be
3-16 made and canvassed in the same manner as the returns on proposed
3-17 constitutional amendments.
3-18 (c) Immediately after the results of the election are
3-19 certified by the governor, the secretary of state shall transmit a
3-20 copy of the certification to the lieutenant governor and the
3-21 speaker of the house of representatives.
3-22 This change is necessary to provide for a nonbinding
3-23 referendum on the question of whether the Department of Public
3-24 Safety should adopt rules for the issuance of licenses to carry
3-25 handguns.
3-26 _____________________________________
3-27 President of the Senate
4-1 I hereby certify that the
4-2 above Resolution was adopted by the
4-3 Senate on May 28, 1993, by the
4-4 following vote: Yeas 18, Nays 12.
4-5 _____________________________________
4-6 Secretary of the Senate