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by mloamiller
Thu Jun 04, 2015 3:52 pm
Forum: General Texas CHL Discussion
Topic: How to report improper §30.06 signs
Replies: 258
Views: 116254

Re: How to report improper §30.06 signs

Sec.411.209.WRONGFUL EXCLUSION OF CONCEALED HANDGUN LICENSE HOLDER.
(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06,
Since SB 273 specifically references 30.06, does that leave a loophole for government offices to improperly post 30.07 signs? Or will it apply equally to both?
by mloamiller
Thu Jun 04, 2015 3:49 pm
Forum: General Texas CHL Discussion
Topic: How to report improper §30.06 signs
Replies: 258
Views: 116254

Re: How to report improper §30.06 signs

Rrash wrote:
ScooterSissy wrote:
That underlined part is where they would be stuck. One of the communications described in 30.06 is verbal.
The problem, however, is that the penalty will only apply to signage that has been left up. It will not pose any penalty to anyone who gives verbal warning.
The penalty applies to any violation:
Sec.411.209.WRONGFUL EXCLUSION OF CONCEALED HANDGUN LICENSE HOLDER.
(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06,
...
A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:
(1)not less than $1,000 and not more than $1,500 for the first violation; and
This part sounds like it would apply to a location that was consistently giving verbal warnings, but did not post a sign, but I'm not sure how it would be carried out in practice:
(f)Before a suit may be brought against a state agency or a political subdivision of the state for a violation of Subsection (a), the attorney general must investigate the complaint to determine whether legal action is warranted. If legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that:
(1)describes the violation and specific location of the sign found to be in violation;
(2)states the amount of the proposed penalty for the violation; and
(3)gives the agency or political subdivision 15 days from receipt of the notice to remove the sign and cure the violation

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