Search found 4 matches

by barres
Fri Jul 31, 2009 9:18 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 369679

Re: Cities improperly posting 30.06 signs?

Darwood wrote:
barres wrote:The ESC's are in the gray area of what constitutes a school. Students do visit the ESC's for testing and other services, but they are not regularly there. Much like students visit the zoos around the state, but a zoo isn't a school. ESC's are governed by TEA, but they are a support structure for schools, paid for by some TEA funds, but mostly by contracts with local school districts.

My personal opinion, and I visit several ESC's on a somewhat regular basis, is that they are not schools, but private corporations regulated by the Education Code. I would, therefore (and have, I've been to the ESC for Region 20), treat the 30.06 signs as valid, unless they lease their premises from a governmental entity. IMHO, IANAL, YMMV, etc.
I started looking at Education Code and it does appear that ESC's might actually be a state agency.

http://www.statutes.legis.state.tx.us/D ... .htm#8.003" onclick="window.open(this.href);return false;
Sec. 8.008. APPLICABILITY OF CERTAIN LAWS RELATING TO POLITICAL ACTIVITIES. A regional education service center and each center employee is subject to Chapter 556, Government Code, and for purposes of that chapter:

(1) the center is considered to be a state agency; and

(2) each center employee is considered to be a state employee.
Also in Chapter 8 it does mention where their funding comes from:
Sec. 8.121. FUNDING FOR CORE SERVICES AND SERVICES TO IMPROVE PERFORMANCE. (a) Regional education service centers receive state financial support for services provided under Section 8.051 from money appropriated for the Foundation School Program...
It goes on. This all leads me to believe that the ESC's are state agency's, of course I'm not a lawyer nor have I read all of Chapter 8 yet...
I'm no lawyer, either, and I haven't even verified what you quoted from the Codes, but what you quoted in Sec. 8.008 says that for the purposes of Chapter 556, GC, the ESC's are considered state agencies. I also said that the ESC's receive some state funds (I said TEA funds, but TEA is a state agency) for some of their functions, but from my dealings with the ESC's and their employees, I maintain that the bulk of their funding comes from contracts with the schools. Unfortunately, I realize, I have no proof of that assertion.

I would therefore stand by my assessment (until further info changes my mind) that the ESC's are private entities, with some government funding and control, which are not schools. If 8.008 had not said for the purposes of Chapter 556, then I would argue that the ESC's cannot post binding 30.06 signs. (Darn :grumble .) IMHO, YMMV, IANAL, etc.
by barres
Thu May 14, 2009 8:56 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 369679

Re: Cities improperly posting 30.06 signs?

The ESC's are in the gray area of what constitutes a school. Students do visit the ESC's for testing and other services, but they are not regularly there. Much like students visit the zoos around the state, but a zoo isn't a school. ESC's are governed by TEA, but they are a support structure for schools, paid for by some TEA funds, but mostly by contracts with local school districts.

My personal opinion, and I visit several ESC's on a somewhat regular basis, is that they are not schools, but private corporations regulated by the Education Code. I would, therefore (and have, I've been to the ESC for Region 20), treat the 30.06 signs as valid, unless they lease their premises from a governmental entity. IMHO, IANAL, YMMV, etc.
by barres
Fri Jun 02, 2006 8:16 am
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 369679

Venus Pax wrote:Are we required to abide by the 30.05 sign?
I don't remember hearing about a 30.05 sign, just the 30.06.
Technically, yes, but the 30.05 sign has an automatic defense to prosecution for a CHL, so it doesn't apply to you (or won't soon).
by barres
Tue Apr 25, 2006 12:52 pm
Forum: General Texas CHL Discussion
Topic: Cities improperly posting 30.06 signs?
Replies: 1085
Views: 369679

Re: Fort Worth municipal offices

KBCraig wrote:
switch wrote:I do not like to call the 30.06 signs on municipal buildings 'illegal', I prefer to call them unenforceable.
That is more accurate, but I'd prefer it if they were illegal.

Kevin
I'll second the motion. Does that mean we get to vote, now?

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