The key clause being "provides notice to the person" as underlined above. If you did not post the entrance that I entered by, you did not provide notice to me.Jim Beaux wrote:Cant receive notice if it's not provided in an effective manner; and a 30.06 posted at only one entrance 2 blocks away isnt an effective manner.victory wrote:If they post a sign that meets the requirements they have provided notice. I get that part.Jim Beaux wrote: TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
Search TEX PE. CODE ANN. § 30.06 : Texas Statutes - Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN
(a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
So I arrive at the hotel mentioned above, and my wife checks us in while I wrangle the luggage and dogs out of the car. She sees the sign, but is not carrying at the time, and meets me half way across the lobby with the keys and a luggage cart and chooses not to mention the sign to me. During our entire stay, I never approach the front desk for any reason, and never see the sign. The hotel did not provide me notice in accordance with the law.
I have long been an advocate of changes to the law that: A) Restate the rules for proper posting, including EVERY entrance; B) Designate an actual font or selection of fonts for the text to be presented in (there are lots of standardized ones); and C) Add a statement that signs not meeting the rigid criteria stated in the law will be considered unenforceable, not just a "a defense to prosecution" (in stronger language than the "It is an exception to the application" statement, because that police officer who took you for a ride, even though you did not receive effective notice, just applied the section.)