Texas Knife Law - Current Session (R84 - 2015) Proposed Knife Laws

zzyzzogeton

zzyzzogeton

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There are 2 proposed knife specific laws winding their way through the current session of the Texas legislature. Several other handgun bills peripherally affect knives in an almost immaterial manner.

The first bill is HB 92. It is a very simple bill. All it does is remove any reference to "bowie knives" as a specific knife type under the definition of illegal knives in Section 46.01(6) of the Texas Penal Code.

With the passage of this bill, the arbitrary determination that a knife is illegal simply because its shape/appearance/features make it a "Bowie knife", and therefore automatically illegal, in the eye of LEOs.

On 09 Feb 2015, the bill was read for the first time and assigned to the "Criminal Jurisprudence Committee". The next step is for the committee to favorably approve the bill and send it on to be placed on the House Calendar for a vote. The bill status may be tracked at::

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB92

A second bill is HB 905. This is the "pre-emption" bill which, if passed, will preclude counties and cities from passing new or enforcing previous implemented knife laws.

The bill status may be tracked at::

http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB905

The actual text of the bill may be accessed at that URL as well.

Currrent status is that this past Friday (26 Feb 2015), the bill was read for the first time and assigned to the "Homeland Security and Public Safety Committee". The next step is for the committee to favorably approve the bill and send it on to be placed on the House Calendar for a vote.

I will post updates as they occur.

ETA: I checked the posted links to make sure they worked. :D
 
I'm really hoping the preemption bills passes, the Bowie one is kind of a joke, it's pandering to people's sense of Texas pride more than anything else, will probably die in subcommittee.
 
im pro this! I'm glad we got the go a head to start buying and carrying switchblades and auto knives, that's a good step. I'm really hoping we get OC approved in some form. A 1911 is just so much easier to carry outside my pants!
 
steviesterno said:
im pro this! I'm glad we got the go a head to start buying and carrying switchblades and auto knives, that's a good step. I'm really hoping we get OC approved in some form. A 1911 is just so much easier to carry outside my pants!
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I think there is a very good chance it will pass, mostly likely as a extension of the current CHL program, basically dropping the C part from CHL in effect. In spite of the theatrics (and sometimes almost lunacy) of the most ardent OC advocates (Texans, especially those in DFW know what I'm talking about), OC in some form will likely pass, along with campus carry (until every state university posts a 30.06, which they will).

I'm hoping the knife preemption passes, as a CHL holder I can honestly say that I have no problems with the current state of our state gun laws, last session fixed a few problems (accidental exposure for example) that needed to be addressed. I'm not a supported of OC at all, even more so not campus carry and certainly not the "constitutional carry" fantasies that the 2A literalists like to espouse.
 
:thumbup: Any action, no matter how small, that removes restrictions is a step in the right direction. The term, "bowie", should be removed unless it is specifically defined. With that said, I would rather see it removed. Here's to hoping they both pass. :thumbup:
 
I would assume at least the bowie knife knife gets passed; although both should.

As for OC I don't see why not. You can walk around with a loaded shotgun or rifle on your back; but a can't carry a pistol on your hip. Showing of course...
 
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as someone who's worked on a number of campuses over the last decade (here, PA, Florida) I am all for campus carry. only 1 of the 6 schools I've worked had any kind of armed security team, and with people being crazy more often who knows what can happen?

remember campus carry means not just licensed students, but trained faculty and staff as well. seems like a good deterrent for people trying to start something on campus, and a good way to protect children at schools.
 
While I'm all for gun rights and stuff, neither of the bills I referenced here have ANY impact whatsoever on handguns. The bills are about knives only.

The purpose of this thread is to track and report on the bills listed. Guns and gun references have no place in this thread. Start down that path and I will lock this down and only open it briefly to add info.
 
No. No length limit changes are incorporated in any of the knife laws introduced this session.

I'm guessing here, but I suspect that the overall, long-term game plan is to gradually erode the mountain rather than demolish it with dynamite. It's easier to make a few "minor" changes at a time than re-write the world. "Nose of a camel under the tent" and all that.

Last session, "we" got switchblades (and balisongs) legalized. Tried for a pre-emption bill and got it to the calendar, but not voted on.
This session, un-demonized Bowies and go for pre-emption again, hopefully getting it passed and signed, but at least getting it to a vote.

People need to remember that Texas is a large, diverse state and there are lots of different interest groups scattered all over the place. Getting that many groups to agree on any thing is like herding cats sometimes. I believe it took 4 sessions (an 8 year period - Texas' legislature only meets for 120 days every 2 years) to get a CHL bill passed and signed.
 
zzyzzogeton said:
No. No length limit changes are incorporated in any of the knife laws introduced this session.

I'm guessing here, but I suspect that the overall, long-term game plan is to gradually erode the mountain rather than demolish it with dynamite. It's easier to make a few "minor" changes at a time than re-write the world. "Nose of a camel under the tent" and all that.

Last session, "we" got switchblades (and balisongs) legalized. Tried for a pre-emption bill and got it to the calendar, but not voted on.
This session, un-demonized Bowies and go for pre-emption again, hopefully getting it passed and signed, but at least getting it to a vote.

People need to remember that Texas is a large, diverse state and there are lots of different interest groups scattered all over the place. Getting that many groups to agree on any thing is like herding cats sometimes. I believe it took 4 sessions (an 8 year period - Texas' legislature only meets for 120 days every 2 years) to get a CHL bill passed and signed.
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This is all quite spot on, and as to the initial CHL bill passing I would like to add one thing: Sadly, the Luby's Massacre in Kileen in the early 1990s, which is one of the worst mass shootings in US history was a major driving force behind the passage of the CHL program. I can't recall the exact number, but a substantial percentage of the victims had firearms in their vehicles outside the restaurant when they were shot. Of course, this was still illegal back then for handguns, but a lady who lost both of her parents later was elected as a state representative and was the major architect of the CHL program. The change in governor (from Richards to Bush) also played a significant part, Ann Richards was hardly pro gun.
 
UPDATE:
House Bill 905 (the pre-emption bill) is scheduled to be reviewed by the committee to which it has been assigned next Tuesday, 24 March 2015.

The members of the Homeland Security and Public Safety Committee are responsible for reviewing House Bill 905 and then killing it or passing it on to the House Calendar for a floor vote.

The members, their office phone numbers and the url to the Texas State Legislature email portal for each member is listed below. This information was pulled from the Texas Legislature Online website, the official state legislature public website.

I urge anyone who lives, works or visits Texas to contact these Representatives and let them know that you support the passage of this bill.

IF you call the office number, you WILL NOT speak to the Representative. You will be speaking with their gatekeeper.

All you need to do is ask that Mr./Ms. "X" be told that you support House Bill 905.

You don't want to get on a soap box, be wild and woolly, yada-yada-yada. Keep it short, polite and nice. :D

IF you email one or more of them, again don't want to get on a soap box, be wild and woolly, yada-yada-yada. Keep it short, polite and nice. :D

For a subject line, just put one of the following--

I support HB 905

or

House Bill 905

or

HB 905

For the actual message, again all we need if a short, to the point, statement that you support the bill. Put it in your own words, but the gist of what you should put is

"I support House Bill 905 and I would like to urge you to favorably vote for it. Thank you."


Now you may be asking

"Why we need to support this bill when Knife Rights has a bill in the works that repeals all knife laws in the state?"
(similar to what they have gotten in Georgia and Tennessee)

The bottom line is that Knife Rights' bill may not pass. Texas' legislature is notoriously slow about major changes. Our CHL took like 3-4 sessions AND a change in governors to make it happen. If Knife Rights' bill also passes, well, that's gravy and will supercede even this bill, which would be a good thing.

However, I'm not one to put all my eggs in one basket. I would at least like to get a pre-emption bill passed just in case the Knife Rights bill doesn't make it through.

So, happy contacting.


Chair: Rep. Larry Phillips
512-463-0297
http://www.house.state.tx.us/members/member-page/email/?district=62&session=84


Vice Chair: Rep. Poncho Nevárez
512-463-0566
http://www.house.state.tx.us/members/member-page/email/?district=74&session=84

Members:
Rep. DeWayne Burns
512-463-0538
http://www.house.state.tx.us/members/member-page/email/?district=58&session=84

Rep. Tony Dale
512-463-0696
http://www.house.state.tx.us/members/member-page/email/?district=136&session=84

Rep. Eric Johnson
512-463-0586
http://www.house.state.tx.us/members/member-page/email/?district=100&session=84

Rep. Will Metcalf
512-463-0726
http://www.house.state.tx.us/members/member-page/email/?district=16&session=84

Rep. Joe Moody
512-463-0728
http://www.house.state.tx.us/members/member-page/email/?district=78&session=84

Rep. Molly S. White
512-463-0630
http://www.house.state.tx.us/members/member-page/email/?district=55&session=84

Rep. John Wray
512-463-0516
http://www.house.state.tx.us/members/member-page/email/?district=10&session=84
 
zzyzzogeton, thanks for keeping up with this thread and the updates as they are made available. I agree completely that the slow chipping at our outdated and unnecessary knife carry laws is the best path forward rather than hoping for one piece of "silver bullet" legislation. I've emailed each of my state reps covering Houston/Harris County and let them know at least one person inside the loop cares about his rights.
 
Just a reminder that the committee meets tomorrow. Please contact the representatives if you can. Thank you.
 
Update on HB 905, the pre-emption bill - Today (26 Mar 2015, well, yesterday, I guess, since it's after midnight :D)

The Legislature Website updating crew is always a little behind because of the sheer number of bills being work on in the various committees.

On Monday, 23 Mar 2015, the Legislative Budget Board reported to the committee that, essentially, passage of the bill as submitted would cause no significant impact, monetarily, at the state or local levels. The report, as posted, was:::

IN RE: HB905 by Frullo (Relating to the regulation of knives and related supplies and the enforcement of regulations regarding certain weapons.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Local Government Code to add knives to the list of weapons that may be regulated by municipalities and counties only under certain circumstances. The bill would include the definition of "knife". The bill would require a court to dismiss a proceeding pending a violation of a regulation relating to the bill.

The Office of Court Administration reported no significant fiscal impact to the state court is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.



Then on Tuesday, 24 Mar 2015,

The bill was read by the committee,
a public hearing was held (no minutes posted yet),
a substitute bill was provided by the committee (no text yet available on line as to how the substitute bill differs from the bill as submitted)
testimony was taken/registration recorded and the bill was left pending --- essentially, they ran of time to finish for the day and so everything was put on hold.

Then, on Thursday, 26 Mar 2015, the bill was reported favorably as substituted and then recommended to Committee on Local & Consent Calendars.

This means that the L&C committee will now decide whether the bill is to fast tracked or slow tracked. Bills eligible for fast tracking are those which are expected to pass easily with no opposition. Controversial bills get slow tracked by being sent to the Calendar Committee. Even if a bill gets placed on the fast track, it can get derailed to the slow track if floor debate exceeds 10 minutes when it comes up or if 5 or more representatives object to consideration of the measure. The "fast track" calendar gets voted on 1x/week.

The next step is for the L&C committee to decide which way it goes.

Hopefully, the substitute bill did not change the submitted bill significantly.

More news as it becomes available.
 
zzyzzogeton said:
Hopefully, the substitute bill did not change the submitted bill significantly.
Click to expand...

It did not. At this point the best we can do is make as little fuss as possible and keep our fingers crossed it goes through as planned. Less attention paid to it the better. Sometimes you need to light up the phones and email; other times, like this, NOT! ;)
 
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