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by ELB
Fri Oct 28, 2016 9:38 am
Forum: General Texas CHL Discussion
Topic: School definition/carry
Replies: 16
Views: 4049

Re: School definition/carry

locke_n_load wrote:Texas Penal Code chapter 46 (weapons) does not reference "schools", it states "education institution", FYI, so I'm not sure that the definition hunt for "school" really means much here.
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private...
Well, since it does say "school" just ahead of and in addition to "educational institution", I think the definition is a player... ;-)
by ELB
Thu Oct 27, 2016 4:05 pm
Forum: General Texas CHL Discussion
Topic: School definition/carry
Replies: 16
Views: 4049

Re: School definition/carry

bdgyeah wrote:Curious.......After reading the definition of a Day Care....then?
Addressing only the issue of "day-care", note that the definition that included them in "school" was in a section of the law dealing with "Drug Free Zones" not carry licenses or weapons. I do not think one could rationally argue that "day-care" is what is meant by "school" when reading the restrictions on where one can exercise licensed carry. (Of course that doesn't mean one can't irrationally argue the point...)

As far as the other part of your question...I am a bit confused. Did you happen to type 30.06 when you meant 30.07 and vice versa?
by ELB
Thu Oct 27, 2016 2:23 pm
Forum: General Texas CHL Discussion
Topic: School definition/carry
Replies: 16
Views: 4049

Re: School definition/carry

The Penal Code, Chapter 46 Weapons, has a definition in a section about penalties for weapons offenses in a school zone. PC 46.11 (c)(2) says:
"School" means a private or public elementary or secondary school.
PC Chapter 28 has the same definition in a section on Graffiti.

In PC Chapter 71 Organized Crime, Section Sec. 71.028. GANG-FREE ZONES. (a) (1) says:
"Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
Going to Section 481.134 Drug Free Zones, it says:
"
School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.
Going to Human Resources Code 42.002, it does not define school, only "day-care center."
"Day-care center" means a child-care facility that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
Those are all the formal definitions of "school" that I can find in the Penal Code. The PC does use language like "primary or secondary school," or sometimes "elementary or secondary school" to differentiate from "institutions of higher educations" (e.g. colleges and universities).

I'm sure the Education Code has something about defining "school" but searching that code is too daunting a task for me to undertake. ;-)

I did not see the work "kindergarten" or "kindergarden" anywhere, altho I didn't search specifically for it.

I hope this helps, but maybe not.

I'm sure there are a dozen threads on this already, but good luck searching them out.

ETA: I meant to mention I did not see any reference to "ballet schools" or "karate school" anything other than what I would take to be a "regular" elementary/primary or secondary/high school.

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