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by cyphertext
Sun Feb 14, 2016 10:55 am
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19034

Re: Hotel question

cyphertext wrote:
You are correct that a sign is not a "requirement", but it is one method of "effective notice"... and not just any sign, it must meet the requirements per statute. That is what is meant by "effective notice". If they post the sign but in German and French, it is not effective notice. If they post the sign on the ceiling in the hotel lobby, it is not effective notice.
thetexan wrote:Always be careful what you claim is absolutely factual.

A sign with English French Chinese and Spanish meets the stated requirements.
You changed the scenario to meet the statute to make it "effective notice". The law says it must be in English and Spanish... In my example, I said the sign was in French and German, which doesn't meet the requirement and is not "effective notice"... But you made it where the sign was in English and Spanish, plus other languages, making it effective notice. Do you see the difference here?

thetexan wrote:A sign on the ceiling might very well be conspicuous and clearly visible to the public.

Sticking to the ABSOLUTE common usage and meaning of any statute free from trying to interpret what an appellate court will determine will always produce the best result.

tex
Please show me an example of a sign posted on the ceiling of a hotel lobby that is both conspicuous and clearly visible to the public... :banghead:
by cyphertext
Sat Feb 13, 2016 7:27 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19034

Re: Hotel question

thetexan wrote:
Skiprr wrote:
thetexan wrote:There is no "effective notice". You're referring to effective consent. Notice is not "effective". It either is or isn't given.
See PC §46.035. The phrase "effective notice" is used five times.
Not only there but 411.2031. In all cases the language states "effective notice under Section 30.06" except .2031 which states "effective notice under Section 411.204". So, yes, the statutes refer to the condition of having received effective notice. But what does that mean?

In all cases the language points back to 30.06/.07 which has a very specific black and white meaning. Likewise with .2031 pointing back to .204. 30.06 says precisely what notice is. There is no guesswork.

You are right that they use the phrase. My point was that 30.06 drives the train as to notice and that signs are not a requirement. Use of the word effective does not somehow muddy the preciseness of 30.06.

That may not have been his intent and if not I apologize

tex
You are correct that a sign is not a "requirement", but it is one method of "effective notice"... and not just any sign, it must meet the requirements per statute. That is what is meant by "effective notice". If they post the sign but in German and French, it is not effective notice. If they post the sign on the ceiling in the hotel lobby, it is not effective notice.
by cyphertext
Sat Feb 13, 2016 6:57 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19034

Re: Hotel question

chamberc wrote:
cyphertext wrote:My wife and I will be staying in a hotel this weekend. She made the reservation through Priceline.com. I have no clue what hotel it even is... never did the paperwork, never signed a thing. So, my point is, they will have to have signage, or otherwise I will not have been given effective notice.
If they post the hotel, and it was on their website, you've been given effective notice.
If they post the hotel, yes... but on a website, no. There were no signs, so I carried.
by cyphertext
Thu Feb 11, 2016 11:30 pm
Forum: General Texas CHL Discussion
Topic: Hotel question
Replies: 84
Views: 19034

Re: Hotel question

My wife and I will be staying in a hotel this weekend. She made the reservation through Priceline.com. I have no clue what hotel it even is... never did the paperwork, never signed a thing. So, my point is, they will have to have signage, or otherwise I will not have been given effective notice.

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