MINUTES
SENATE COMMITTEE ON CRIMINAL JUSTICE
Subcommittee on CSSB 204 by Patterson
Thursday, February 27, 1997
9:00 am
Capitol Extension, Room E1.012
*****
Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Criminal
Justice, Subcommittee on CSSB 204 was held on Thursday, February
27, 1997 in the Capitol Extension, Room E1.012, at Austin,
Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Florence Shapiro None
Senator Jerry Patterson
Senator Royce West
*****
Senator Florence Shapiro, the Chair, called the meeting to order
at 9:00 am. The following business was transacted.
Senator Shapiro made opening remarks. The Chair delineated a
list of significant issues relating to CSSB 204 and directed
that the subcommittee will discuss and vote each issue. The
Chair indicated that upon conclusion of the Chair's list of
significant issues, the committee members would be recognized to
bring forth any additional items the subcommittee members
believed to be relevant to CSSB 204.
The Chair laid out CSSB 204 and recognized the author, Senator
Patterson, to explain the bill.
Version: 97S0490/1 prepared by Senate Engrossing & Enrolling
2/19/97
ITEM #1
License Eligibility for Individuals with Misdemeanor
Convictions.
The Chair laid Item #1 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Sections 1 &
2 as they pertain to license eligibility for individuals with
misdemeanor convictions.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson (2)
Nays: None (0)
PNV: West (1)
Absent: None (0)
Item #2
License Eligibility for Individuals with Felony Convictions.
The Chair laid Item #2 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 1 as
it pertains to license eligibility for individuals with felony
convictions.
Senator Patterson withdrew his motion.
Item #3
Carrying & Display of Handgun License
The Chair laid Item #3 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 6 as
it pertains to the carrying & display of a handgun license.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item #4
Suspension of Handgun License
The Chair laid Item #4 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 8 as
it pertains to the suspension of a handgun license.
Senator Shapiro moved to amend the language to forbid the
issuance of a license to someone convicted of a misdemeanor
involving the use of a firearm [42.01(a)(9), (10), or (11) Texas
Penal Code].
The motion on the adoption of the amendment prevailed by the
following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Senator Patterson's motion, as amended, was adopted by the
following roll call vote:
Ayes: Shapiro, Patterson (2)
Nays: West (1)
PNV: None (0)
Absent: None (0)
Item #5
Revocation of handgun license.
The Chair laid Item #5 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 7 as
it pertains to the revocation of a handgun license.
Senator Shapiro moved to amend the language to forbid the
issuance of a license to someone convicted of a misdemeanor
involving the use of a firearm [42.01(a)(9), (10) or (11) Texas
Penal Code].
The motion on the adoption of the amendment prevailed by the
following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Senator Patterson's motion, as amended, was adopted by the
following roll call vote:
Ayes: Shapiro, Patterson (2)
Nays: West (1)
PNV: None (0)
Absent: None (0)
Item #6 Places where Carrying a Concealed Handgun is Prohibited
The Chair laid Item #6 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 22 to
repeal the prohibition on carrying concealed handguns in the
following places:
hospitals (non-emergency room, non-
trauma facility areas) nursing homes
places of worship
amusement parks
Current law prohibits the carrying of concealed handguns on
those premises.
The motion failed by the following roll call vote:
Ayes: Patterson (1)
Nays: Shapiro, West (2)
PNV: None (0)
Absent: None (0)
Item #7 Rights of Governmental Entities
The Chair laid Item #7 before the Subcommittee for discussion.
Senator Patterson moved to strike Section 14 in its entirety and
renumber accordingly.
Senator Patterson withdrew his motion.
Senator West sent up Amendment #1 as it pertains the the rights
of governmental entities.
Senator West withdrew his amendment.
Item #8 Reciprocity
The Chair laid Item #8 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 15
to include the requirement that the reciprocal state's law
satisfy the requirement of federal law regarding background
checks.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson (2)
Nays: West (1)
PNV: None (0)
Absent: None (0)
Item #7 Rights of Governmental Entities
The Chair laid Item #7 before the subcommittee for continued
discussion.
Senator Patterson moved to strike Section 14 in its entirety and
renumber accordingly.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item #9 Trespassing
The Chair laid Item #9 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 20
as it pertains to trespassing.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item # 10 Fingerprinting by Non-Governmental Entities
The Chair laid Item #10 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 3 as
it pertains to fingerprinting by non-governmental entities.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson (2)
Nays: West (1)
PNV: None (0)
Absent: None (0)
Item #11 Background Checks
The Chair laid Item #11 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 4
extending the time limit allotted to the DPS for conducting
background checks.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item #12 Disqualification of Applicant
The Chair laid Item #12 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 10 to
allow the disqualification of the applicant based on the
recommendation of the instructor.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item #13 Notice Requirements for Premises Serving Alcoholic
Beverages
The Chair laid Item #13 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 13 to
amend the notice requirements for premises serving alcoholic
beverages.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item #14 Disqualification of Applicant Based on Mental Condition
The Chair laid Item #14 before the subcommittee for discussion.
Senator Patterson moved to adopt the provisions of Section 1
regarding the disqualification of an applicant based on a mental
condition.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Item #15 Retired Federal Officers Exemption
The Chair laid Item #15 before the subcommittee for discussion.
Senator Patterson sent up Amendment #1 creating an exemption for
retired federal peace officers to carry a concealed handgun
without a license. The amendment was adopted without objection.
Senator Patterson moved that as clarification, any additional
issues not addressed at the subcommittee hearing would be
retained in the current version of CSSB 204.
The motion prevailed by the following roll call vote:
Ayes: Shapiro, Patterson, West (3)
Nays: None (0)
PNV: None (0)
Absent: None (0)
Senator Shapiro requested unanimous consent to incorporate
amendments into the committee substitute. Without objection, it
was so ordered.
Senator Shapiro moved to report CSSB 204 back to the full
committee with the recommendation that it do pass. The motion
failed by the following roll call vote:
Ayes: Shapiro (1)
Nays: Patterson, West (2)
PNV: None (0)
Absent: None (0)
There being no further business, at 11:28 am Senator Shapiro
moved that the subcommittee stand adjourned subject to the call
of the Chair. Without objection, it was so ordered.
______________________
Senator Florence Shapiro, Chair
______________________
Diana Lolley, Clerk