TexasCHLforum.com

pnctar wrote:Any plans on the iPhone app ...

Not until after he gets it done as a Windows phone app. Priorities, you know.

KaiserB wrote:When I questioned the DPS legal department about the improper/erroneous 51% sign posting they told me that an establishment may post a 51% sign even though they are not required to by TABC to prevent concealed carry in the building (i.e. the erroneous 51% sign would function as a 30.06). Similar to hospitals posting a 51% sign under GC §411.204 (b):

One of the problems with asking cops about the law is that they are not as knowledgeable about it as they think they are. DPS is my preferred reference for questions about traffic laws, but only that. In this case, they clearly were unaware of any TABC rules or laws and were doubtful on the exact wording of the Penal Code.

The two tricks are that the Penal Code defines the prohibited place as illegal based on TABC's decision, not on the signage or what they really are (TABC can be wrong and it would still be illegal) and that TABC has laws on what signs can be posted. The Alcoholic Beverage Code has a section requiring places to post the blue sign if they do not meet the Government Code section requiring the red 51% sign. So, if they are a licensed premise for alcoholic beverages, they cannot post the wrong sign legally (yes, there really might be an illegal sign ).

But if they are not a licensed premise, then DPS is correct and they can post any sign they want but it is not legally enforceable (not illegal to place though).

The real fine reading of the law would say that the hospital that posted the red 51% sign, instead of the sign with the same wording but without the red 51, was also not posting the proper sign. It technically would not have served to give proper notice that the place was off limits, even if the law had not been changed to require the 30.06 sign. And in a real twist of the law, every hospital and nursing home is currently required to post a non-enforceable sign. Government Code 411.204 has never been repealed, requiring the off limits sign. If a hospital decides to allow CHL's in, they just do not post the 30.06 sign but still have to post that old off-limits sign. If they do want to ban CHL's, they must post both signs to be strictly legal, even though just posting the 30.06 would ban the CHL's.

Isn't the law fun?