Texas Senate Passes First Bills of 88th Legislative Session

Austin, Texas. The Texas Senate unanimously passed the first bills in the 88th Texas Legislative Session on Wednesday.

Both bills are the work of State Senator Joan Huffman (R-Houston). The first bill passed was Senate Bill 728 (SB 728), which deals with background checks on gun purchases.

Last year, President Joe Biden signed the bipartisan Safe Communities Act into law. Among other things, the bill expanded background checks to include mental health records of minors and information on mental retardation.

There is currently no centralized database in Texas where court clerks can enter this information. SB 728 requires clerks to report information on Texans aged 16 or older to the Department of Public Safety (DPS), which reports to the FBI’s National Instant Criminal Background Check System (NICS).

During a debate on the floor of the Senate, State Senator Roland Gutierrez (D-San Antonio), who represents Uvalde, pointed out that the shooters at Robb Elementary School and Santa Fe High School had no records of minors, so this bill would not have stopped. them from acquiring weapons.

Although he did not propose an amendment, Senator José Menendez (D-San Antonio) suggested that Senator Huffman add a waiting period for gun purchases for Texans under the age of 21 to ensure all records are verified.

Huffman politely dismissed the idea, noting that she wants to develop a bill that will be passed in this session.

“This is in line with federal law. This will require DPS to do what they need to do, to make it clear to the clerks that they must comply, but still fit in and work the way I felt. him outside the Legislative Assembly, which is very important,” Huffman said. “We may have good ideas, but if we can’t accept them, it won’t change anything. I wanted this bill to make a difference and I think it will.”

In response to questions from Senator Bob Hall (R-Edgewood), Huffman clarified that SB 728 is not a warning sign law and noted that records of minors can be removed from NICS if a person has a court order that they reached full mental capacity.

The Senators also passed Senate Bill 372, which would make any person other than a Judge or Judge declare a Class A misdemeanor by publicizing or leaking a judgment. This is a response to a leaked draft U.S. Supreme Court ruling in the Dobbs case that overturned Roe v. Wade.

Careful observers of Texas politics may wonder if the Senate’s actions violate the 60-day no-vote rule. Senator Huffman told the floor that SB 728 indirectly and in some cases directly impacts school safety, which is one of Governor Greg Abbott’s emergency items. Any bills that are on the Governor’s emergency call may be put to a vote before the 60th day of the Legislative Assembly. However, the passage of SB 372 merely shows the Senate’s power to suspend rules, including the constitutional 60-day rule, and pass bills.

Both Senate bills now make their way to the Texas House of Representatives, where the legislative process begins anew with bills being referred to committees.

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