At 8:50am this morning the Texas House reported HB823 as enrolled after concurring with the Senate amendments.  HB823 clarifies the definition of “traveling” in Texas law with regards to carrying a handgun in a vehicle. 

According to the final text of the bill, a person is presumed to be traveling if the following conditions are met:

• The person is in a private motor vehicle
• The person is not otherwise engaged in criminal activity (with an exception for the case of Class C traffic offenses, so overzealous prosecutors can’t try to charge people with unlawful carrying just for speeding)
• Not otherwise prohibited from posessing a firearm.
• The person is not a member of a criminal street gang
• The person is not carrying a handgun in plain view

While this seems like an odd way to go about it (i.e. defining traveling instead of just coming out and saying people can carry in vehicles, like Colorado does), it seems like a step in the right direction.  I think a lot of people in Texas carry handguns in their cars, regardless of the law.  I’ve also been surprised by the number of people who didn’t know it was illegal.

Anyhow, we now have to make sure the Gov. Perry signs it.  Provided he does, it will take effect on September 1, 2005.