TexasCHLforum.com

Thanks Tornado. It appears CHL-16 might have missed an update. Thanks for the link, I have read some info on that sight for new laws under review by the Texas congress and didn't even thank to look at the Penal Code there.

Keith, I had read that part but because it was the only definition I could find as to what they meant by school I had to be on the safe side and assume the definition was valid any time they mentioned school.

Good stuff guys. Again, thanks for the help.

“CHL-16 PC §46.03. PLACES WEAPONS PROHIBITED
(a) (1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;”

CHL-16 PC 46.03 clearly states you cannot carry a concealed weapon in a school but does not define the term “school”. Then CHL-16 PC 46.11 says to go to the Health and Safety Code for the definition of a school.

“CHL-16 PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.
(c) In this section, “institution of higher education,” “premises,” and “school” have the meanings assigned by Section 481.134, Health and Safety Code.”

Here is that definition.

“Section 481.134, Health and Safety Code (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.”

So the definition here includes a day-care facility. Next CHL-16 46.11 has this statement as well.

“PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.
(b) This section does not apply to an offense under Section 46.03(a)(1).”

However, “school” is not defined anyplace other than PC 46.11 in the document. This is the reason for my question. It confuses my simple mind.

So I think I already know the answer to this question but I'm going to ask it anyway. I understand why we are not supposed to carry in a school/daycare, not that I agree with it, but I understand the reasoning. So, I, by law am not allowed to carry in my church because it has a daycare facility located inside.

Does anyone have experience with this issue and has anyone addressed this with a lawyer or law enforcement? If so what was the outcome/opinion of that lawyer or law enforcement person?

I obviously wouldn't carry when the daycare is actual active. However, if I could I would carry on Sundays and Wednesday nights when I go to church.