That is the $64,000 question. IMHO, it should only apply to the offices utilized by the court. In practice, I'm sure it applies to the whole building. The legislature didn't make it very clear and, as far as I'm aware, there is no case law on the subject.Jeff Barriault wrote:Didn't even know that there was a municipal court office in the building. Being a multi use building and not an actual court building, how does the existing statute apply?
Does it apply to the entire building, or just the offices utilized by the court?(3) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court;
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Return to “UPDATE 2nd: 1-15-13”
- Sun Jan 20, 2013 12:53 pm
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE 2nd: 1-15-13
- Replies: 40
- Views: 7126
Re: UPDATE 2nd: 1-15-13
- Wed Jan 16, 2013 9:57 pm
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE 2nd: 1-15-13
- Replies: 40
- Views: 7126
Re: UPDATE 2nd: 1-15-13
Bayou Vista Municipal Court is in that same building. That's what makes it off limits.Jeff Barriault wrote:I know of one. The Bayou Vista government building (hosts police station, fire department, city hall, MUD offices, etc.) has 30.06 sign at entrance to building. It is my understanding the sign is invalid unless the city is having a meeting upstairs. I'd like to see it removed and a "non permanent" sign put up only when public meetings are in session.
- Wed Jan 16, 2013 7:41 pm
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE 2nd: 1-15-13
- Replies: 40
- Views: 7126
Re: UPDATE 2nd: 1-15-13
Ok. I see what you are saying. Is there anything (other than getting caught (unintentionally, of course), taking a ride, and fighting it out in court) that can be done about the invalid postings (such as at gun shows) on public property?Charles L. Cotton wrote:So few 30.06 signs are actually posted on government property by non-public employees that it's not worth risking passage of the bill to address those few people. Also, if a private security guard actually hangs the 30.06 sign at the direction of a public employee, then that public employee would violate the provisions of this bill.
30.06 signs posted on government property by private persons are not enforceable and they tend to be few in number and of limited duration. Gun shows are great examples. In fact, I can't recall seeing such a sign anywhere other than at a gun show.
Again, the bottom line is the bill would not pass if it extended beyond public employees.
Chas.
- Wed Jan 16, 2013 7:39 pm
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE 2nd: 1-15-13
- Replies: 40
- Views: 7126
Re: UPDATE 2nd: 1-15-13
If posted by or at the direction of a public employee, yes. If posted by a private person (such as the above mentioned gun shows), no, but those 30.06 signs are not valid because they are on public property.baldeagle wrote:So would this make a 30.06 sign at a gun show on public property illegal?
- Wed Jan 16, 2013 5:57 pm
- Forum: 2013 Texas Legislative Session
- Topic: UPDATE 2nd: 1-15-13
- Replies: 40
- Views: 7126
Re: UPDATE 2nd: 1-15-13
Charles, I think he's talking about private persons posting 30.06 signs on public property. Take, for example, the gun shows at Dallas Market Hall. It's not a city employee (I'm assuming) that is taping up those huge pieces of paper with the 30.06 wording on it. It's most likely a gun show employee and/or management. So, if I understand him correctly, he's wanting to know if this will prevent situations like this.Charles L. Cotton wrote:I guess I don't understand your argument. Government property is controlled by public employees, not private companies. I disagree with your statement that most of the unenforceable signs are posted by private companies operating on public property. The vast majority of signs are posted by government employees on places such as schools, city hall, public libraries, government hospitals, zoos, etc.
If this bill were expanded to cover private persons who post unenforceable signs it wouldn't pass.
Chas.