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by srothstein
Mon Dec 07, 2009 9:58 pm
Forum: General Texas CHL Discussion
Topic: Is this considered a "School" ?
Replies: 10
Views: 1802

Re: Is this considered a "School" ?

C-dub

I have to warn you of one potential problem that you might not be aware of. The State School system MAY be licensed nursing homes. I think they are licensed under chapter 242 of the Health and Safety code, but I cannot verify it quickly right now.

If they are, you get the one time I think government property can be posted with 30.06 signs you must obey. The point has been talked about before and the law may not apply since the notice might not be valid, but I still think you would get arrested if caught carrying there if it is licensed. That would be a mean trick if the school label is wrong but the hospital label gets you.

Obviously, I don't know if they are posted properly, which would be the first requirement. And I cannot verify that they are licensed nursing homes, though they do meet the legal requirement for it. So, this is just a heads up that might need checking into further.
by srothstein
Mon Dec 07, 2009 12:03 am
Forum: General Texas CHL Discussion
Topic: Is this considered a "School" ?
Replies: 10
Views: 1802

Re: Is this considered a "School" ?

I am unable to answer this definitively and no one will be able to until there is a court case on this or the legislature changes the definition. As of right now, the Code Construction Act (Government Code chapter 311) applies and says this:

Sec. 311.011. COMMON AND TECHNICAL USAGE OF WORDS. (a) Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

(b) Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.


The problem, as I see it, is that the common usage of the word school has too many meanings. When I talk about school, I am generally thinking of Kindergarten through 12th grade. But I do refer to my college classes as school also. And I have used the term to refer to police training classes, such as going to fingerprint school. The use of the word in so many names indicates that the common definition might be broader than what I normally think of as school. But, the fact that so many of us do think like I do also indicates that the term was only mean to include primary and secondary schools.

We are now left with the same problem here as we have with the exceptions. I think both "traveling" and "school" are facts to be determined at trial by the jury. Sometimes, you just pay your money and take your chances.

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