TexasCHLforum.com

TxFig wrote:

dicion wrote:Wear shirts that say 'we are not a school'?

I dunno.. I'm guessing that since you're not an official organization that owns physical property, then you would have no official 'school property' so therefore, could not be a school?

Funny you would mention that.... it was actually my reason for bringing this up.

There are some homeschool associations in the state (San Antonio & Houston) that DO own their own property / facility. WE don't own property - yet. We are seriously working on a fund raising program so that we can buy our own property.


We have leased property in that past, and ran into problems with the local fire marshal who said that we had to be held to "the codes that apply to schools". I want to make sure that any facility we might build is not classified as a school from the outset. Allowing CHL holders into the building being one of the primary reasons....


Side note: anyone want to donate about $8 million to our homeschool group?

Keith B wrote:IANAL, but the answer is No. Reference is made that for the purpose of a Gun/Drug Free School zone, the definition is in section 481.134 (5) of the Texas Health and Safety Code, which states: "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002 of the Texas Human Resources Code.

Section 42 of the Human Resources Code defines what is really a school and a Sunday school is not accredited, so no, it is not.

Hmmm. So if accreditation is the measure section 42 of the Human Resource Code uses to define a school, then UNaccredited private schools (which would include homeschools) would be excluded, no?

Keith B wrote:

jamullinstx wrote:Keith B, that is one of the best examples of circular reasoning I've seen in some time.

Q: Is it a school?
A: Only if it is a school.

Since the TPC doesn't define a school, but does explicitly include "private schools", while not defining those either, the question is, "Does a private enterprise that calls itself an "Academy" and teaches school age children non-academic subjects qualify as a school, in the collective opinion of the board.

I vote, "No", but am not wishing to be a test case.

That is not circular. The name Academy does not in itself mean anything (I carry at Academy Sports all the time. )

Let me first repeat, I Am Not A Lawyer. However, I feel confident in stating that if they are not accredited under the Texas Education Agency or the Texas Private School Accreditation Commission, then they are NOT a school (excluding colleges.) The TEA lists private and charter schools here and the TPSAC lists private schools here

If they don't exist in either of those lists and are not a college, then IMO they are not a school in the definition of prohibiting carry. I repeat, IANAL.

Biga9999 wrote:
Curious, the way the law is written, what qualifies as a school?

I believe a Day Care in Texas will be treated as a school if it meets the following:

(7) "Day-care center" means a child-care facility that provides care for more than 12 children under 14 years of age for less than 24 hours a day. Human Resources Code Sec. 42.002

I got to that definition by working through the code as it is referenced under the CCW laws because this would be the penalty for carry in an weapon free school zone:

PC 46.11. PENALTY IF OFFENSE COMMlTTED WITHIN WEAPON-FREE SCHOOLZONE.

(c) In this section, "institution of higher education," "premises," and "school" have the meanings assigned by Section 481.134, Health and Safety Code.

Which leads us here:

(5) "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code. Health & Safety Code Sec. 481.134