Austin American-Statesman

Gun bills: Police-stop amendment cut from open carry bill,

- By Chuck Lindell clindell@statesman.com Contact Chuck Lindell at 512-912-2569. Twitter: @chucklinde­ll

A Texas House-Senate conference committee made short work of the open-carry gun bill Thursday, removing a controvers­ial police-stop amendment that had been bitterly opposed by law enforcemen­t.

House Bill 910, which allows those with a concealed handgun license to openly carry a firearm in a shoulder or belt holster, will be eligible for final votes as early as Friday. Passage is expected, sending the bill to Gov. Greg Abbott, who has promised to sign HB 910 into law.

If so, open carry would become a reality on Jan. 1, 2016, when the law is set to take effect.

Meantime, the Senate author of the campus-carry gun bill said Thursday that he will not fight to remove an amendment, added by the House, that would allow universiti­es to declare certain areas off-limits to guns.

Sen. Brian Birdwell, R-Granbury, had steadfastl­y rejected a number of Democratic attempts to limit the scope of campus carry during floor votes earlier in the session.

On Thursday, however, he said the House’s limited opt-out amendment contained several safeguards — barring, for example, total bans on guns while requiring universiti­es to report to the Legislatur­e about their policies on gun-free areas. In addition, at least twothirds of the board of regents must approve each school’s gun policy.

Birdwell added that as Senate Bill 11 heads to a conference committee, he will work to remove a second House amendment requiring private universiti­es to allow guns on campus. Under the original bill, private schools were allowed to opt out of campus carry, which would allow concealed handguns to be carried into dorms, classrooms and other campus buildings.

Private property ownership is a cornerston­e right that should not be placed in conflict with the right to carry a gun, he said.

“We should not simply concur with legislatio­n that subordinat­es one constituti­onal right to another,” Birdwell told the Senate.

On the open carry bill, a conference committee quickly removed an amendment, added by Sen. Don Huffines, R-Dallas, that barred law enforcemen­t from detaining those with a holstered gun solely to check for a concealed handgun license.

Police leaders strongly opposed the addition, arguing that it would allow felons to carry weapons with impunity and make it difficult for police to do their jobs.

Huffines argued that the no-stop amendment would protect against police interferen­ce for those who are acting legally. Several black and Hispanic Democrats also favored the amendment, saying it would protect against racial profiling by police.

“I’m disappoint­ed,” Huffines said Thursday. “But I’m going to go along with the will of the body.”

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