Republicans take control of state government

With the Republican party in control of state government for the first time in over 100 years, the Texas gun industry experienced one of its best sessions in history during the 78th Texas Legislature. All anti-gun bills were soundly defeated, as the Legislature focused on other issues throughout the session.

“It was good to have the Legislature focused on the business of the state rather than firearms,” said TGDA President Bill Carter. “It was a great session for Texas gun dealers and gun owners."

The Republicans took control of the House, Senate, and all statewide offices on election night, last Nov. 5th. When the 78th Legislature convened in January, there were 88 Republicans and 62 Democrats in the House. The numbers in the Senate were just as overwhelming – 19 Republicans to 12 Democrats. More changes would occur before the two houses got down to work.

On the opening day of the session, the Texas House of Representatives elected Rep. Tom Craddick (R-Midland) as the new Speaker of the House, replacing Pete Laney (D-Hale Center). Speaker Craddick proceeded to revamp all House committees. Gone was the House Public Safety Committee, where most gun bills were referred in the past. It was replaced with the new House Law Enforcement Committee, chaired by Rep. Joe Driver (R-Garland). Chairman Driver was a member of public safety committee since 1995, serving as vice-chairman during the 1997 session.

Shortly after Craddick laid out the new House committees, newly elected Lt. Gov. David Dewhurst followed suit in the Senate, announcing 15 committees, two more than in previous years.

$10 billion deficit draws attention

Shortly before the session began last January, Texas Comptroller Carole Strayhorn announced the Legislature faced a $9.9 billion shortfall. Afterwards, Gov. Perry, Lt. Gov. Dewhurst, and Speaker Craddick Gov. Rick Perry, House Speaker Tom Craddick said they

would call for a complete re-examination of state spending that started at zero for every agency and every category of spending. In the end, the Legislature approved a $117+ billion budget for 2004-05, cutting almost $10 billion in state spending.

“There is no question the budget deficit was the main priority of this legislature,” said Scott Pospisil, TGDA Executive Director. “

Ballistics bill becomes TGDA top priority

Despite the budget deficit, there were several major bills that faced the gun industry during the session. TGDA’s primary goal was to defeat HB 278, the so-called ballistics database bill, sponsored by Rep. Paul (D-El Paso). The bill proposed to create a ballistics database for use by law enforcement officials. The bill had the following major components:

(1) Gun manufacturers would be required to supply a shell casing discharged from a new firearm in the same box used to ship the firearm to the licensed dealer.

(2) Upon receipt of the firearm, the dealer would be required to confirm to the Texas Department of Public Safety receipt of the firearm and the sealed container with fired casing.

(3) When the firearm was sold, the dealer would forward the sealed container to the DPS.

(4) The DPS would develop and maintain a computerized database for all ballistic fingerprinting records.

(5) Then, when a firearm was used during a crime, law enforcement officials would submit a shell casing from the crime gun to the DPS to determine if the casing matched another in the database.

(6) Penalties were proposed for non-compliance by manufacturers and licensed gun dealers. 

The bill was referred to the House Law Enforcement Committee. It never received a hearing and died in May mainly due to TGDA’s lobbying efforts.

Other anti-gun legislation seeking to ban pellet and BB guns, enact noise regulations at shooting ranges, and restrict the lawful sale of firearms, never made it out of committee. However, not all bills were anti-gun. Some pro-gun legislation was passed, as well. HB 284 by Reps. Ellis and Kuempel, made it legal to transport a firearm in a recreational vehicle. Under current law, a person may carry a handgun on the their own premises. However, there was confusion as to whether it was legal to carry firearms in recreational vehicles.

In the end, TGDA had another very successful session with no harmful gun legislation being passed. Below is a summary of the priority legislation the association lobbied to pass and defeat this session:

Anti-gun legislation

HB 130 by Burnam (D-Ft. Worth) – Bill would have placed unreasonable restrictions on the sale and transfer of new and used firearms. Died in House Criminal Jurisprudence Committee. Never received a hearing.

HB 278 by Moreno (D-El Paso) – Bill proposed the creation of a ballistics database for use by law enforcement officials to trace firearms used in crimes. Died in House Law Enforcement Committee. Never received a hearing. See pages 4 and 5 for more details on this bill.

HB 1546 by Raymond (D-Laredo) – Bill would have banned pellet and BB guns from certain public places and would have established criminal penalties for violations. Died in House Criminal Jurisprudence Committee. Never received a hearing.

Pro-gun legislation

HB 284 by Dan Ellis (R-Stephenville)

Under current law, the offense of unlawfully carrying a weapon does not apply if a person possesses a handgun on his own premises. However, there was confusion as to whether it is legal to carry firearms in a recreational vehicle, which can be considered temporary living quarters. This bill makes it lawful for a person to carry a handgun in his recreational vehicle.

HB 298 by Miller (R-Stephenville)

Bill would have prohibited the Parks and Wildlife Department from disclosing to the public certain personal information about persons to whom the department has issued a hunting or fishing license. The bill passed the House and Senate without a single vote in opposition, but it was vetoed by the Governor.  See page 4 for more details on this bill and the Governor’s veto.

SB 501

by Sen. Armbrister (D-Victoria) and Rep. Hupp (R-Lampasas)

Bill provides a defense to prosecution for criminal trespass on property prohibiting handguns if the  person is carrying a concealed handgun license. Bill was signed by Governor Perry on June 20, 2003, and becomes effective September, 1, 2003.