bigbear_98 wrote:I found this information on another forum, and traced it out and believe it to be true. Daycare = no go. Give me your take on it.
"I believe a Day Care in Texas will be treated as a school if it meets the following:
(7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. Human Resources Code Sec. 42.002
I got to that definition by working through the code as it is referenced under the CCW laws because this would be the penalty for carry in an weapon free school zone:
PC 46.11. PENALTY IF OFFENSE COMMlTTED WITHIN WEAPON-FREE SCHOOLZONE.
(c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code.
Which leads us here:
Health & Safety Code Sec. 481.134
(5) "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code."
Now I'm no lawyer, so I'm just regurgitating some things I've read on here, but I'd think you're misleading yourself with that explanation.
You're taking a piece of the Texas Penal Code and mixing it with the Texas Health and Safety Code. The former of those two describes the laws that we must follow (and the penalties for not doing so), and the latter describes the things that the institutions must do in order to maintain their licensing and status (YES! I know that is a dramatic oversimplification, but as I said, I'm no lawyer.)
In the Texas Penal Code, Sec. 46.11, it says:
Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic League is taking place.
(b) This section does not apply to an offense under Section 46.03(a)(1).
(c) In this section:
(1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2) "School" means a private or public elementary or secondary school.
Note that right above it, it specifically mentions the Health and Safety Code to define the word 'Premises'. However, it does not reference that code to define the word 'School'.
Going further into this, it says in section (b) above that this section does not apply to an offense under section 4.03 (a) (1).
In that section, it says,
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:
(A) pursuant to written regulations or written authorization of the institution; or
(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;
Summing up:
46.03 covers walking into a school
46.11 covers OTHER offenses that happen near a school in a Gun Free School Zone (GFSZ).
So...using 46.11 to express that walking into a school is missing the mark (because that covers other offenses)
And...using the Health and Safety Code to express what a school is with reference to the part of the code that does cover walking into a school is also missing the mark.
I'll defer to the much brighter legal minds here to set this straight for us, but I think that the comparison you've made is a bit off the mark.