No. you are misreading the law. The term effective notice is specifically defined in the one paragraph (b). Paragraph (e) is how to apply the section of the law, and does not affect the definition carried in paragraph (b).
Note that paragraph (b) says you are given notice when you are given the oral or written communication. Paragraph (c) then defines the communication, but the notice itself is already defined. Paragraph (d) then tells you what grade of offense. It does not affect any of the other paragraphs either.
So, the effective notice definition is the part referred to by paragraph (i) in section 46.035. You receive the effective notice when the sign is properly posted. Then you get charged with violating 46.035 and not 30.06.
The fun part is that if it were a private hospital, you could get charged with both violations for caryring past the same sign.
Search found 2 matches
Return to “Brackenridge Hospital Austin 30.06”
- Thu Nov 19, 2009 10:37 pm
- Forum: General Texas CHL Discussion
- Topic: Brackenridge Hospital Austin 30.06
- Replies: 27
- Views: 3721
- Thu Nov 19, 2009 10:10 pm
- Forum: General Texas CHL Discussion
- Topic: Brackenridge Hospital Austin 30.06
- Replies: 27
- Views: 3721
Re: Brackenridge Hospital Austin 30.06
The correct answer is that the posting is valid. This is one of the very tricky cases in the Penal Code. The hospital is owned by the city, so the 30.06 charge cannot be prosecuted. But, you would be charged with penal code 46.035. Note that the law says that it is illegal to carry in there if the hospital is posted. So, the posting is valid to warn you not to violate that section of the law.
EDIT to the people posting as I type:
DO NOT CARRY. PC 46.035 is a violation on its own.
EDIT to the people posting as I type:
DO NOT CARRY. PC 46.035 is a violation on its own.