TexasCHLforum.com

G.A. Heath wrote:Thank you for the lead and information as well. I have actually been looking into the Department of Ageing and Disability as well on the belief that they would be a good candidate as well. The only thing I have found so far is a nurse telling me to look at the "providers bill of rights" and that I should look into the privacy requirements for in home care. They were a little nervous talking about it though because they are nervous when discussing any work related topics due to HIPPA and other laws.

So, on further research, it appears that DADS is a different agency altogether. I have confirmed that Texas Administrative Code RULE §19.1921 (General Requirements for a Nursing Facility), (e)(12) states

"at each entrance to the facility, a sign that states that a person may not enter the premises with a concealed handgun and that complies with Government Code §411.204"

in reference to postings that a licensed facility must have.

https://texreg.sos.state.tx.us/public/r ... 19&rl=1921

If I'm reading this right, it's either (A) an artifact from the days when such facilities were off-limits, or (B) an end-run around the legislative removal of such facilities from previously prohibited places to LTC's.

I do know for a fact that at least one facility (a friend of mine was the director there at the time) was cited for not having proper 30.06 notices, and was required to post effective notice, which leads me to dismiss option (A) as likely.

It appears we should open another thread around this, so as not to hijack the Child-Care facility thread, both of which are important to me.

For what it's worth, my mother is the director of a licensed daycare in the Dallas area. I asked her specifically what the Department of Family and Protective Services is sending to licensed centers, and she faxed me a copy of the email they're sending out.

I'll try to redact the private email addresses and such and post it up here, but the gist is that it REFERENCES PC 30.06 and 30.07, without providing the specific language, nor requiring that centers specifically provide notice in the form of signage or oral notification. It does clearly state that no effective changes are made by the new legislation (HB 910 and SB 273), and goes on to state :

746.3707 Are firearms or other weapons allowed at my child-care center?

(A) Law enforcement officials who are trained and certified to carry a firearm on duty may have firearms or ammunition on the premises of the child-care center.
(B) For all other persons, firearms, hunting knives, bows and arrows, and other weapons are prohibited on the premises of the child-care center, unless the child-care center is also your residence.
(C) Firearms, hunting knives, bows and arrows, and other weapons kept on the premises of a child-care center located in your home must remain in a locked cabinet inaccessible to children during all hours of operation.
(D) Ammunition must be kept in a separate locked cabinet and inaccessible to children during your hours of operation.

The specifics go on, but essentially repeat the same rules and exclusions for various situations. The core of this comes from the "Minimum Standards for Child-Care centers" document, which I am about to search/download in full.

My suspicion is that there is no specific rule requiring the posting of any specific signage. I also suspect that the posting of 30.07 is appropriate, to take the burden of notification off of the daycare center's workers. Clearly these centers are not off-limits to the LTC, but they are not allowed to "allow" carry on premises as a matter of administrative rule (not law).

On a related but separate note, I do remember seeing a rule requiring the posting of 30.06 notification at certain Senior-care facilities by DADS, which I believe is a subordinate organization to the Department of Family and Protective Services.

I'm going to dig deeper into this, because if my memory about DADS rules is correct, it's not a stretch to think that DFPS would add such a ruling to child-care facilities as well.

More to come.