AISD signs

[Keith B]

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.

This is nation wide. This info comes from the rules on the US Census Bureau guidelines.

[WildBill]

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.

This is nation wide. This info comes from the rules on the US Census Bureau guidelines.

I never heard them called that in California.

[Keith B]

I never heard them called that in California.

They have Unified, City and County school districts from what i can tell. I would assume the Unified is the Independent and the City/County are the dependent ones.

[WildBill]

I never heard them called that in California.

They have Unified, City and County school districts from what i can tell. I would assume the Unified is the Independent and the City/County are the dependent ones.

I just looked it up and they called them Union school districts where I used to live. I never knew what that meant.

[ScottDLS]

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.

[Kyle Brown]

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.

[G.A. Heath]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

[jimlongley]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Until there is supporting case law, the ISDs will continue to assert that they are not governmental entities and exempt from the exemption. As of right now there is no such case law, and that is their interpretation of the code.

[Kyle Brown]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Education Code, Title 2. Public Education, Subtitle C. Local Organization and Governance, Chapter 11. School Districts, Subchapter D. Powers and Duties of Board Of Trustees Of Independent School District, §11.151. In General, (c) All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office. The trustees may, in any appropriate manner, dispose of property that is no longer necessary for the operation of the school district.

[jmra]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Education Code, Title 2. Public Education, Subtitle C. Local Organization and Governance, Chapter 11. School Districts, Subchapter D. Powers and Duties of Board Of Trustees Of Independent School District, §11.151. In General, (c) All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office. The trustees may, in any appropriate manner, dispose of property that is no longer necessary for the operation of the school district.

How does one become a Trustee?

[Kyle Brown]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Education Code, Title 2. Public Education, Subtitle C. Local Organization and Governance, Chapter 11. School Districts, Subchapter D. Powers and Duties of Board Of Trustees Of Independent School District, §11.151. In General, (c) All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office. The trustees may, in any appropriate manner, dispose of property that is no longer necessary for the operation of the school district.

How does one become a Trustee?

LOL...Well, I don’t want to be accused of hijacking this thread, so I will just refer you to the Texas Education Code with regard to election of trustees. My interpretation of the Texas Education Code is fairly simple: ISDs are not governmental entities. My point in posting the ownership of ISD property was to highlight that an ISD may legally post and enforce a TPC §30.06 sign on its property under the same authority that any individual would use to post the sign on their private property.

[jmra]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Education Code, Title 2. Public Education, Subtitle C. Local Organization and Governance, Chapter 11. School Districts, Subchapter D. Powers and Duties of Board Of Trustees Of Independent School District, §11.151. In General, (c) All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office. The trustees may, in any appropriate manner, dispose of property that is no longer necessary for the operation of the school district.

How does one become a Trustee?

LOL...Well, I don’t want to be accused of hijacking this thread, so I will just refer you to the Texas Education Code with regard to election of trustees. My interpretation of the Texas Education Code is fairly simple: ISDs are not governmental entities. My point in posting the ownership of ISD property was to highlight that an ISD may legally post and enforce a TPC §30.06 sign on its property under the same authority that any individual would use to post the sign on their private property.

I believe you answered my question when you used the word "elected". If the Trustees are elected to represent the the tax payers in the purchase and disposal of property purchased by tax money collected by the district, then any property vested to them in their role as agents of the district government can in no way be considered private property.
This is why Charter schools do not receive funding for facilities, because Charter school facilities are privately owned and tax money can not be used purchase private property.

[RPB]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Until there is supporting case law, the ISDs will continue to assert that they are not governmental entities and exempt from the exemption. As of right now there is no such case law, and that is their interpretation of the code.

Except in all the cases when they assert (under oath/and/or in Pleadings) they are a Governmental entity, therefore enjoy sovereign immunity
under:
Texas Tort Claims Act
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 101. TORT CLAIMS

(School Districts plead under oath that they ARE Governmental Subdivisions of the State ... and they do it often....and here's the Code defining them as such, as well as their motive for pleading such.)

Sec. 101.001. DEFINITIONS. In this chapter:
(3) "Governmental unit" means:

(A) this state and all the several agencies of government that collectively constitute the government of this state, including other agencies bearing different designations, and all departments, bureaus, boards, commissions, offices, agencies, councils, and courts;

(B) a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, and river authority;

SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS

Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(d) Except as provided by Section 78.001, liability of an emergency service organization under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONS

Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED. Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.

http://www.statutes.legis.state.tx.us/D ... CP.101.htm" onclick="window.open(this.href);return false;



So, if you want quick proof ... find a suit which does not involve a motor vehicle and someone sued the school district for-kid fell down stairs/got hurt on playground etc and get the school's Original Answer to the Petition+Motion for Summary Judgement etc and the judge's dismissal order etc


I'm no lawyer, but was accepted to law school 3 times and retired after 25 years as a legal Asst and used to be a member of the State Bar Legal Assts Div....now, I'm jus lazy and sleepin' at a Holiday Inn ... sometimes.

[Kyle Brown]

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.

Can you provide evidence supporting this claim? As far as I can tell an ISD holds public elections along side government entities, they tax private property, they are exempt from sales tax, can assert eminent domain, have a police force, and act like a government in other ways. To convince me otherwise I would need to see some codified law or case law that says ISDs are not a governmental body.

Until there is supporting case law, the ISDs will continue to assert that they are not governmental entities and exempt from the exemption. As of right now there is no such case law, and that is their interpretation of the code.

Except in all the cases when they assert (under oath/and/or in Pleadings) they are a Governmental entity, therefore enjoy sovereign immunity
under:
Texas Tort Claims Act
CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 101. TORT CLAIMS

(School Districts plead under oath that they ARE Governmental Subdivisions of the State ... and they do it often....and here's the Code defining them as such, as well as their motive for pleading such.)

Sec. 101.001. DEFINITIONS. In this chapter:
(3) "Governmental unit" means:

(A) this state and all the several agencies of government that collectively constitute the government of this state, including other agencies bearing different designations, and all departments, bureaus, boards, commissions, offices, agencies, councils, and courts;

(B) a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, and river authority;

SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS

Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

(d) Except as provided by Section 78.001, liability of an emergency service organization under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.

SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONS

Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED. Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.

http://www.statutes.legis.state.tx.us/D ... CP.101.htm" onclick="window.open(this.href);return false;

I'm no lawyer, but was accepted to law school 3 times and retired after 25 years as a legal Asst and used to be a member of the State Bar Legal Assts Div....now, I'm jus lazy and sleepin' at a Holiday Inn ... sometimes.

Who owns the property? The State Of Texas...or...the Board of Trustees?

[sjfcontrol]

The taxpayers "own" it. The Trustees take care of it, and make decisions regarding disposing of the property when needed.