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by srothstein
Thu Jul 07, 2011 11:46 pm
Forum: General Texas CHL Discussion
Topic: verbal 30.06 notice in Church each time ?
Replies: 51
Views: 8099

Re: verbal 30.06 notice in Church each time ?

The Annoyed Man wrote:That is the key.... Whether it is a church or a business, the question is, "Does the person who gave the notice have the authority to give such notice?"
Just a minor technical correction, but it could make a big difference in people's behavior.The law does not say it has to be a person with the authority to issue the warning. The actual wording of the law is "apparent authority" and therein lies a potential problem.

If the manager tells you, he has the apparent authority. The board may have a policy specifically saying he cannot do that, but at the time he told you, it appeared to you that he had that authority. The warning would be legal. The real question is if a security guard has the apparent authority. I would think a uniformed security guard working on a post where he is properly paid to provide the security would be deemed by the court to have the apparent authority. In reality he may not have it, but at the time he gave you the notice, it would appear so and as such, I think the notice would be valid.

The off-duty officer working security at the church by donating his time is nowhere near as clear. If it is common knowledge to the congregation that he is working there, he might be construed by the court to have the apparent authority. If he is just another member trying to put together a security team for the church, but it is not yet officially recongized as existing, I would say definitely not.

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