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by kevin1
Thu Oct 27, 2016 2:59 pm
Forum: General Texas CHL Discussion
Topic: School definition/carry
Replies: 16
Views: 3794

Re: School definition/carry

ELB wrote:The Penal Code, Chapter 46 Weapons, has a definition in a section about penalties for weapons offenses in a school zone. PC 46.11 (c)(2) says:
"School" means a private or public elementary or secondary school.
PC Chapter 28 has the same definition in a section on Graffiti.

In PC Chapter 71 Organized Crime, Section Sec. 71.028. GANG-FREE ZONES. (a) (1) says:
"Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
Going to Section 481.134 Drug Free Zones, it says:
"
School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.
Going to Human Resources Code 42.002, it does not define school, only "day-care center."
"Day-care center" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
Those are all the formal definitions of "school" that I can find in the Penal Code. The PC does use language like "primary or secondary school," or sometimes "elementary or secondary school" to differentiate from "institutions of higher educations" (e.g. colleges and universities).

I'm sure the Education Code has something about defining "school" but searching that code is too daunting a task for me to undertake. ;-)

I did not see the work "kindergarten" or "kindergarden" anywhere, altho I didn't search specifically for it.

I hope this helps, but maybe not.

I'm sure there are a dozen threads on this already, but good luck searching them out.

ETA: I meant to mention I did not see any reference to "ballet schools" or "karate school" anything other than what I would take to be a "regular" elementary/primary or secondary/high school.

Thanks ELB. Since we are talking about weapons only, I think it's safe to assume that the penal definition would apply. That would be only elementary or secondary school. This means only k-12. Therefore day care/ pre K (and obviously ballet/art schools) should not be concerned.
by kevin1
Thu Oct 27, 2016 1:13 pm
Forum: General Texas CHL Discussion
Topic: School definition/carry
Replies: 16
Views: 3794

School definition/carry

I know you can’t carry in schools. But I’m a little confused as what the definition of school is.
Is it just k12?How about pre-K or day cares? What about schools of ballet, art, etc… (assuming no 3006/07 signs)?

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