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by Chaz7138
Mon Jul 09, 2012 3:41 pm
Forum: General Texas CHL Discussion
Topic: Brackenridge Hospital Austin 30.06
Replies: 27
Views: 3747

Re: Brackenridge Hospital Austin 30.06

I asked a criminal defense attorney, who's firm defends CHL holders & Instructors, here are their comments:
"Texas Penal Code 30.06(e) which states that property owned or leased by a governmental entity cannot have 30.06 signs posted. Since the property is leased by the hospital, they have “control” over the premises. That means they may post a 30.06 sign without regard to 30.06(e). If you keep reading 30.06(e), it states ...”and is not a premises or other place on which the license holder is prohibited from carrying a handgun under Section 46.03 and 46.035.” A hospital is specifically listed in 46.035(b)(4)."

Therefore under PC46.035 a hospital is specifically listed as a prohibited place and can post a PC30.06 sign regardless of ownership!!

Additionally I found that in 2003 the 5th floor was leased to University of Texas Medical Branch at Galveston, which is part of the University of Texas System and therefore the 5th floor would also be a prohibited place under PC46.03(a)(1); and PC46.03(g)states "An offense under this section is a third degree felony." :rules:

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