SB+1164+-+Texas+Legislature+81st+Session


 * SB 1164**

Chase Langston SB 1164 Bill Info: SB 1164 relates to the carrying of concealed weapon on a campus of higher education. As of current, Concealed handguns are prohibited on college campuses. This bill is designed to allow concealed license carriers a level of protection by being able to carry their handguns onto campus. In order to qualify to obtain a concealed weapons permit in the state of Texas, a person must be 21 years of age or honorably discharged from the US military regardless of age. The person must be federally qualified to purchase a handgun and cannot have any felony convictions. Persons also may not be chemically dependent, delinquent in any state or local taxes or child support and may not have any protective orders against them because of a spousal relationship. SB 1164 was received by the Secretary of the Senate on February 26th 2009 by Wentworth who is the Primary author. Deuell, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Lucio, Patrick and Williams are also listed as Primary Authors. The Coauthors of the Bill are Carona, signed on March 23rd 2009 and Seliger, signed on March 16th 2009. It is sponsored by Driver who is the primary author of HB 1893. HB 1893 is an identical bill to SB 1164 and is the companion document for this bill. SB 1164 is “ For purposes of this section, "institution of higher education" and "private or independent institution of higher education" A license holder may carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state. An institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution. An institution of higher education or private or independent institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential buildings that are owned or operated by the institution and located on the campus of the institution.” Since introduction, several changes have been made to SB 1164: Section (c) has provided an exception to making rules about carrying on campus with section (e), (f) and (g) which read “(e) A private or independent institution of higher education in this state may, after consulting with students, staff, and faculty of the institution, establish rules, regulations, or other provisions prohibiting license holders from carrying handguns on premises that are owned or operated by the institution and located on the campus of the institution. For purposes of this subsection, "premises" has the meaning assigned by Section 46.035, Penal Code. (f) This section does not provide an exception to the application of or a defense to prosecution under Section 46.03(a) (2), 46.035(b)(1), or 46.035(c), Penal Code. (g) This section does not permit a license holder to carry a concealed handgun on or about the premises of a hospital maintained or operated by an institution of higher education. f) The governing board of an institution of higher education may establish rules, regulations, or other provisions prohibiting license holders from carrying handguns: (1) on premises on which the alcoholic beverages are sold or served for on-premises consumption; (2) on the premises of a hospital that is maintained or operated by the institution as an agency of this state; (3) at any meeting of the governing board." Another amendment includes that “A parent or legal guardian of a student or a student who resides in a dormitory or other residential buildings that are owned or operated by the institution and located on the campus of the institution may request assignment to a dormitory room or suite where a license holder is prohibited from possessing or carrying a concealed handgun.” SB 1164 reached Stage 2 on May 14th 2009. The bill reported out of Senate committee on State Affairs with vote of 6 Ayes, 3 Nays, 0 Present Not Voting, 0 Absent. It reached Stage 3 on May 20th 2009 and passed the Senate Vote. On May 22nd 2009, the bill reached stage 4 when it reported out of House committee on Public Safety with vote of 5 Ayes, 2 Nays, 0 Present Not Voting, 2 Absent. Stages 5, 6 and 7 were never reached.  Pros and Cons: Opponents of SB 1164 say that this bill would make campuses more dangerous for students. Some claim that small quarrels or fraternity rivalries could become deadly if guns were introduces on campus. It has been said that the professors knowing that some students may have concealed weapons, may be afraid to give honest and earned grades for fear of retribution from armed students. Opponents also state that they believe college campuses already provide ample security in cases of emergencies. Opponents have also said that although school shootings are tragic, they are of such a rare occurrence that no such permanent laws should be necessary. Facts on gun violence by concealed weapons holders have been sighted although not completely accurately. While some violent crimes are committed by licensed carriers, the crime rate is more than 5 times higher by person that do not go through the proper channels of receiving a concealed carry license. Hypothetical arguments have also been made stating that because college campuses are such a high stress environment, the students that have access to handguns could be more prone to suicide or murder.

Supporters of SB 1164 have also put up many valid arguments for the passing of the bill. Jeff Wentworth, the bills primary author has stated that "I have no desire to wake up one morning and read in the newspaper, or hear on the radio, or watch on television a news report that 32 Texas college students were gunned down like sitting ducks by some deranged gunman, as happened at Virginia Tech, due to a state law in Texas that makes college kids defenseless against this type of random violence which results in needless tragedy." Wentworth also stated that "Because most college students are 18, 19 or 20 years old, and because only Texans who are 21 years of age or older may be licensed to carry a concealed weapon in Texas, very few college students would be eligible to carry a weapon on campus. Texans licensed to carry have been trained and have received a thorough background check before being allowed to carry a concealed handgun. Only honorably discharged or active duty military may be licensed to carry a handgun without regard to age." Very few individuals who have been honorably discharged from the military are under 21 years of age. Because of the age requirements of Texas law to possess a concealed carry license, this bill is geared more towards faculty and graduate students. Daniel Crocker, Texas Director of the organization Students for Concealed Carry on Campus, has stated that "Hypothetical arguments such as [those presented by the opponents] ignore the reality of the nine public colleges of Utah, Blue Ridge Community College, and Colorado State University (CSU) where concealed carry has been allowed for more than 80 consecutive semesters, without any resultant suicides, murders or accidental discharges.” Wentworth added that “There are a lot of stressful places, and those arguments are just excuses.” Proponents of SB 1164 site the Second amendment and that it is a constitutional right to bear arms. ” According to the TPS Web site, of the 73,090 licenses issued in fiscal year 2008, only 348 have been revoked.”

Update: The 81 Session of the Texas Legislature ended on June 1st 2009, however on June 25th 2009, Governor Perry called a special session to convene on July 1st 2009 to review some bills that had not been passed in time or bills that were deadlocked. As of July 10th 2009, SB 1164 was officially dead failing to pass.  Personal opinion: I do believe that SB 1164 should have passed and been made to law. While both sides put up a good fight, the arguments made by the proponents of the bill made more sense to me. While I do not as of yet have a Concealed carry license, I do plan on getting one for my own personal safety as well as the safety of my family. What I do not think was taken into enough consideration is that if another school tragedy such as the one that took place at Virginia Tech happened, that it would only take one faculty member or student with a concealed weapon to stop it before in escalated. Who knows how many lives could have been saved. Yet I do believe that for students living in dorms where alcohol can be consumed either legally or illegally, that there should be an armory type secure room that is watched over by a security guard. Individuals in the military that live in the barracks rooms are not allowed to have weapons in their rooms; however they are allowed to have a weapon stored in the armory to be signed out as needed. I believe the same type of regulations would have benefited this bill.