TexasCHLforum.com

bigbear_98 wrote:

Vol Texan wrote:
You're taking a piece of the Texas Penal Code and mixing it with the Texas Health and Safety Code. The former of those two describes the laws that we must follow (and the penalties for not doing so), and the latter describes the things that the institutions must do in order to maintain their licensing and status (YES! I know that is a dramatic oversimplification, but as I said, I'm no lawyer.)


I'll defer to the much brighter legal minds here to set this straight for us, but I think that the comparison you've made is a bit off the mark.

I've always read it the way you are, but when I found that forum post it made me wonder. Hence why I posted, I Want closer on this topic for myself.

The problem is much greater than that. Our daughter works in payroll for a large charter school company. Up until a few weeks ago, the building where she works also housed student classrooms. No where on the outside of the building does it say "school" or anything like that and the outward appearance is more of an office building than any school architecture. The company built another building very close by and now that building houses the kids' classrooms. So our daughter's building, which has no gun signs, is just an office building for a private company. They could move a class room back into that building next week and there would be no way for an outsider to know bout it.

There are many churches that have similar setups for the "schools" that they run. Sometimes, they are housed in the same building as the Sanctuary, sometimes the student classrooms are in a physically separate building. There is no way for anyone to know except for the classroom staff exactly what is going on. A most interesting question comes up about the mixed use church facilities. If it is considered a school during the regular week and it is housed inside of Sanctuary building, does that make the whole building off-limits all of the time? If you read the CPS published email on the subject, their answer is yes. Our old church housed the pre-school in a separate, locked wing but the students would occasionally the Sanctuary or a large hall for their activities. Under the line of thinking that licensing groups control the building, something that could also be used in court, the matter is highly questionable.

For me, trespass on Corp of Engineer's property with a concealed handgun is the same thing. It isn't easy to tell where that property starts and ends. I ought to have a chance to obey the law and not have to research ownership records and use of buildings to figure that out. Otherwise, concealed is concealed.

LAD wrote:I was not happy with the 30.06 sign posted at my daycare center and called the owner. Found out that Texas law and the licensing board have different rules. Under Texas law, my understanding is that a CHL can conceal carry (since they can't see it) when picking up the child from a daycare center, NOT a school (schools are off limits).
However, after calling the licensing board, here is what they state in their rules - which would take precedent since they can revoke the daycare license-: https://www.dfps.state.tx.us/documents/ ... enters.pdf
§746.3707 Are firearms or other weapons allowed at my child-care center?
Subchapter S, Safety Practices
Division 1, Safety Precautions
September 2003
(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.
High
(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 all hours of operation.

I've been carefully watching the day cares in my area. I've not seen any new signs. I'm interested because Childcare Licesinng (CCL) a part of Family and Protective Services (FPS) sent out an email to our church which has a CCL regulated daycare. They state specifically that nothing has changed - they have ALWAYS prohibited CC in their licensed facilities. The email goes through a Q&A which talks about firearms relative to child care housed in a private home. CC is prohibited there, too. They cite the Administrative Code, not the TPC as their authority. I think it is another case where the hoopla over open carry opened their eyes about CC because they included the 30.06, 30.07 language for signs, though they say that they do not require signs. Our church has decided to prohibit OC via written notice. I'm not sure how that is going to fly with CCL. Our parent handbook, which the parents must sign, now includes a statement saying OC and CC are prohibited.