HB 121 - 30.06/07 Defense to Prosecution - Hearing 3/11/19

[dogbone]

HB 121, authored by Swanson, amends Sections 30.06 and 30.07 to provide a defense to prosecution if the license holder was personally given notice by oral communication and promptly departed.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB121

This bill will be heard by the Criminal Jurisprudence committee at 2:00 PM, Monday, March 11, 2019 in Room E2.012.

 

[BillFairbanks]

That sounds good to me.

Isn’t the current penalty just a $200 fine?


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[ZX9RCAM]

I'm confused.
If a person promptly leaves after given notification, why would there be an issue?

 

[dogbone]

I'm confused.
If a person promptly leaves after given notification, why would there be an issue?

As the law stands now, the person would still be seen as having violated the law and be subject to a fine.

An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart.

 

[ZX9RCAM]

So, the scenario given is that an individual walked past legal signage, then was verbally notified, correct?

 

[Big Dipper]

I actually think that this amendment makes the law a bit more stringent.

Current language is “subsequently failed”. That could be now or in 5 minutes.

New language uses “promptly”, meaning NOW!

 

[dogbone]

I actually think that this amendment makes the law a bit more stringent.

Current language is “subsequently failed”. That could be now or in 5 minutes.

New language uses “promptly”, meaning NOW!

As I am reading it, the ""subsequently failed" part applies to kicking things up to a Class A and the "promptly" gets you off the hook for a Class C. I can turn around real quick to save $200.

 

[dogbone]

So, the scenario given is that an individual walked past legal signage, then was verbally notified, correct?

That's the way I'm reading it. Should it cost you $200 if you miss seeing a sign but quickly comply with the intent of the law when notified of your error?

 

[ZX9RCAM]

That's the way I'm reading it. Should it cost you $200 if you miss seeing a sign but quickly comply with the intent of the law when notified of your error?

Thank you, makes sense now.

I absolutely agree.

ETA: I have walked into a place to get a burger, only to be told by someone in our group it was posted 51%.
I went back to my truck to drop off my pistol.

 

[seeker_two]

Is there any record of how many of these citations have been issued?

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[Bithabus]

Is there any record of how many of these citations have been issued?

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No, but I bet you it's zero.

 

[BillFairbanks]

No, but I bet you it's zero.

If any, they were probably in Houston or Austin.


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[Gilbertc13]

From what I’ve been told by a lawyer the fine plus fees amount to $242.00


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[gshayd]

If you disobey a legitimate .30-06 sign it is a Class C misdemeanor. If you disobey the oral notice it jumps up to a Class A Misdemeanor. I believe that most business owners prefer to solve things without controversy. Why have the police called when the person comes in and ignores the signage you give him an oral warning and he leaves? Also is the signage a person has 100 percent correct. If the signage isn't 100% correct then the case goes south. The business appears in the news.

 

[gshayd]

Is there any record of how many of these citations have been issued?

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from 2018 DPS stats


UNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 .0000%
UNL CARRY WEAPON/WEAPONS FREE ZONE 0 0.0000%
UNL CARRYING WEAPON ON ALCOHOL PREMISES 0 0.0000%
UNL CARRYING WEAPON PROHIBITED PLACES 0 0.0000 %

none

The DPS keeps these stats

 

[Bithabus]

from 2018 DPS stats


UNL CARRY HANDGUN LIC HOLD ALCH PREM/CORR FA 0 .0000%
UNL CARRY WEAPON/WEAPONS FREE ZONE 0 0.0000%
UNL CARRYING WEAPON ON ALCOHOL PREMISES 0 0.0000%
UNL CARRYING WEAPON PROHIBITED PLACES 0 0.0000 %

none

The DPS keeps these stats

Those are not 30.06/30.07

 

[gshayd]

Those are not 30.06/30.07

There are pages of stats that are on file

 

[Bithabus]

There are pages of stats that are on file

Correct. However that was not the question.