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RPB wrote:Definition: School District

LOCAL GOVERNMENT CODE

TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY

SUBTITLE C. ACQUISITION, SALE, OR LEASE PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 271. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS

SUBCHAPTER A. PUBLIC PROPERTY FINANCE ACT

Sec. 271.001. SHORT TITLE. This subchapter may be cited as the Public Property Finance Act.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 271.003. DEFINITIONS
(4) "Governmental agency" means a municipality, county, school district, conservation and reclamation district, hospital organization, or other political subdivision of this state.
...
(9) "School district" means an independent school district, common school district, community college district, junior college district, or regional college district organized under the laws of this state.

Now it's red letter law

Kyle Brown wrote:

Keith B wrote:

Keith B wrote:Case law and Texas Attorney General opinion show that an ISD IS a governmental entity in the fact they are subject to the Open Records Act. See http://caselaw.findlaw.com/tx-court-of- ... 38398.html" onclick="window.open(this.href);return false;

Kyle Brown, you asked for case law, I gave it. See above. Texas ISD's are governmental entities per the Texas Court of Appeals. Search trhe document and you will find the phrase 'A governmental entity like Arlington ISD' in the ruling.

Actually, I never asked for case law. You and several others cosistently quoted it in an attempt to support your position. I clearly asked for statutory support of your position. There is none. So, we should conclude that, in the absence of statutory clarification, the need for case law increases proportionately. Legislators have the ability / auhority to create statutory law that would define an ISD as a government entity, but they have not. In fact, if you actually read the TEC you will not be able to aviod seeing repeated instances where the legislators went to great lengths to preserve the independent status of ISD to the extent they did not declare them 'government entities'.

Keith B wrote:Case law and Texas Attorney General opinion show that an ISD IS a governmental entity in the fact they are subject to the Open Records Act. See http://caselaw.findlaw.com/tx-court-of- ... 38398.html" onclick="window.open(this.href);return false;

Kyle Brown wrote:

ScottDLS wrote:

jamullinstx wrote:There was a long thread back in 2007 about AISD posting their school premises at the parking lot entrances with a sign specifying that all weapons were prohibited, regardless if the individual held a valid CHL. This morning I noticed that they've added compliant 30.06 signs, as well. The consensus is that these signs have no bearing on valid CHL holders, but does anyone know if there have been any test cases? Also, have there been any attempts to get AISD to remove the signs?

A parking lot 30.06 at a government owned/leased entity (and yes, AISD and Plano ISD are government entities) would not support a successful prosecution under 30.06. The statute is clear, government owned entities can't use 30.06 to bar CHL carry except where otherwise prohibited by 46.03, 46.035...and school parking lots are NOT.


Just more wishful thinking on the part of the misguided officials of these districts. No one is likely to be the proverbial "test case". I carry in similar incorrectly posted locations and care not a whit.

Property owned/leased by Texas ISDs is not government propery. All Texas ISD property (Real and Personal) is privately owned/leased by the Board of Trustees.

WildBill wrote: I never heard them called that in California.

WildBill wrote:

Keith B wrote:

Oldgringo wrote:Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?

Independent School Districts have sufficient administrative and fiscal autonomy to qualify as independent governments. They exclude school systems that are “dependent” on a county, municipal, township, or state government.

There is a lot more here on 'types' of government entities http://www.census.gov/govs/www/06classi ... ter01.html" onclick="window.open(this.href);return false;

Like Oldgringo, I am [relatively] new to Texas and never knew that.

3dfxMM wrote:A 30.06 at a government owned building that is not a court or a place where a government meeting is taking place has no meaning. It isn't valid for anything outside the buildings and the buildings are already off-limits. I guess I am taking has no meaning nor impact as the same as invalid and you are not. :)

Oldgringo wrote:Please forgive the digression but what's the difference between an Independent School District and a Dependent School District? If all Texas public schools are ISD's, why not drop the extra writing, ink usage and paint? Inquiring minds...?

Beiruty wrote:30.06 at the entrance of the parking lot of school is invalid. Only buildings of a school are off limits if there is not sporting events on the playgrounds.

3dfxMM wrote:

Keith B wrote: Per TPC 30.06:

(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

As we all know, premises is defined as 'building or portion of a building' and does not include sidewalk, parking lot, etc, so a 30.06 would be valid if posted for the building, but not the parking lot as that fits the exception in 30.06 since it is NOT a premise.

Assuming we are still talking about a public school, a 30.06 would not be valid for the building or the parking lot. If it is a private school or business, then it would be valid for the building or the parking lot. The premises definition does not come into play when it comes to posting of private property.

1.1 Types of Government Entities

The Census Bureau identified 87,525 governments during the 2002 Census of Governments. In addition to the Federal Government and the 50 state governments, the Census Bureau recognizes five basic types of local governments. County Governments (3,034). Organized county governments are found throughout the nation, except in Connecticut, Rhode Island, the District of Columbia, and limited portions of other states where county areas lack a distinct county government. They are created to provide general government activities in specified geographic areas. In Census Bureau statistics, counties include those entities called boroughs in Alaska and parishes in Louisiana.
Municipal Governments (19,429). Municipalities are sub-county general purpose governments established to provide general services for a specific population concentration in a defined area. Municipal governments include cities, boroughs (except in Alaska), villages, and towns (except in the six New England states, Minnesota, New York, and Wisconsin). Consolidated city-county governments are treated as municipal governments for Census Bureau statistics.

Township Governments (16,504). Townships are sub-county general purpose governments established to provide general services for areas without regard to population concentrations. They include towns in the six New England states, Minnesota, New York, and Wisconsin, and townships in eleven other states.

Special District Governments (35,052). These are established to provide only one or a limited number of designated services (functions) and have sufficient administrative and fiscal autonomy to qualify as independent governments.

School District Governments (13,506). These are created to provide public elementary, secondary and/or higher education services and have sufficient administrative and fiscal autonomy to qualify as independent governments. They exclude school systems that are “dependent” on a county, municipal, township, or state government.

County, municipal, and township governments are referred to as “general purpose” local governments in Census Bureau statistics on governments. Special district and school district governments are referred to as special purpose governments.

(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

sjfcontrol wrote:

Keith B wrote:

sjfcontrol wrote: Plano ISD claims they are not a government agency -- only a "pseudo-government agency", whatever that is.

Where did you hear this? I have not heard them claim anything other than they feel they are valid.

I think it came from here... viewtopic.php?f=7&t=45865&hilit=plano+s ... ct#p558638" onclick="window.open(this.href);return false;

I didn't check all the posts in that thread, however the quote was "semi-government", and appears to be (roughly) 3rd hand -- somebody repeating what somebody else heard a third party say.

Perhaps not the best source, but typical of administrative thinking, don't you think?