Yippie! Here we go!
I've been doing a little more research on this subject.
http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf
PC w6.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holdets person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H. Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license issued
under Chapter 25,28,32,69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a,hospital licensed under Chapter 241.
Health and Safety Code, or on the premises of a nursing home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H. Chapter 411, Government Code, regardless of
,whether the handgun is concealed, at any meeting of a governmental
entity.
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.
(e) A license holder who is licensed as a security officer under
Chapter 1702. Occupations Code, and employed as a security officer
commits an offense if, while in the course and scope of the security
officer's employment, the security officer violates a provision of
Subchapter H, Chapter 411, Government Code.
(9 In this section:
(1) "Amusement park" means a permanent indoor or outdoor
facility or park where amusement rides are available for use by the
public that is located in a county with a population of more than one
million, encompasses at least 75 acres in surface area, is enclosed
with access only through controlled entries, is open for operation more
than 120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage, or
other parking area.
(2) "License holder means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The
term does not include any public or private driveway, street, sidewalk
or walkway, parking lot, parking garage, or other parking area.
So, as we can see, persons with concealed carry permits can legally carry a handgun in TDCJ parking lots, parking garages, walkways and sidewalks.
Here the administrative code explains the proper procedures for addressing TDCJ's legitimate concerns regarding the security of its prisons without depriving citizens and employees of their legitimate concerns of being able to travel to and from TDCJ prisons and still have the ability to legally defend themselves from criminal attack.
http://info.sos.state.tx.us/pls/pub/rea ... =151&rl=21
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 6 TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151 GENERAL PROVISIONS
RULE §151.21 Weapons Policy
--------------------------------------------------------------------------------
(a) Policy.
(1) The Texas Department of Criminal Justice (TDCJ or Agency) requires that all persons carrying a firearm shall unload and safely secure the firearm prior to entering a TDCJ correctional facility. For purposes of visiting a TDCJ correctional facility, a peace officer, a person licensed to carry a handgun under Subchapter H, Chapter 411, Texas Government Code, or a person who is otherwise authorized to carry a deadly weapon shall unload and secure the weapon(s) in the locked trunk of a vehicle, or a locked compartment of a vehicle if the vehicle does not have a trunk, immediately upon parking or while stopped at the first security checkpoint, whichever occurs first. A peace officer may also store a weapon in any other TDCJ authorized location prior to entering the perimeter fence.
Now, I've heard from several sources that many TDCJ unit administrators are prohibiting persons who are legally entitled to store a handgun in their vehicle while working in or visiting certain TDCJ units. Thos administrators are committing a crime under Texas law.
http://www.statutes.legis.state.tx.us/D ... ightType=1
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1217, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(34), eff. Aug. 26, 1991. Renumbered from Penal Code Sec. 39.02 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
The way to cope with this is to place the official on notice by providing them with the above statutes. Then if they persist, the next step is to go to the courthouse and find out when the grand jury next meets. Return when it meets and sit in the court room and wait for the grand jury to finish its business for the day then approach the garnd jury and state that you have business with the grand jury--that you have evidence of a criminal act to present to it. No one can legally deny you access to a grand jury. Then present a notarized criminal complaint and notarized statement of facts including the above statutes to the grand jury. Examples of these are easy to find.
The reason one must approach the grand jury is because, if one reports the crime to a law officer, he will present it to the prosecutor who will throw it in the trash. If one presents it to the prosecutor, he will throw it in the trash. If one presents it to a judge or magistrate, he will give it to the prosecutor who will throw it in the trash. The grand jury is composed of citizens. The grand jury is not controlled by the judge, the prosecutor, or anyone else. And even if the grand jury decides not to issue an indictment on this crime, there is always next time and another grand jury. More importantly, the warden of the offending TDCJ unit will be put on notice that he can be prosecuted and likely will be prosecuted if he continues to violate the law.