TexasCHLforum.com

Keith B wrote:

TexasTornado wrote:
Does it also override if it is a privately owned behavioral health center and not a hospital?

No. 46.03 does not by statute prohibit carry in a privately owned medical center or other business, but since it is private and not government owned, it can be posted 30.06.30.07.

Thank you for the clarification.

Keith B wrote:

TexasTornado wrote:
According to my dad who works at a mental health facility, Chapter 448 Texas Department of Mental Health supplies the code that prohibits carrying of firearms.

Subchapter E - RULE §448.505

<snip...> (h) The facility shall prohibit firearms and other weapons, alcohol, illegal drugs, illegal activities, and violence on the program site or at or during the course of any program activity, except as provided for in paragraphs (1) and (2) of this subsection. The facility shall be responsible for any noncompliance with this subsection.
(1) The facility may allow a clergy member to bring four ounces or less of alcohol on site or to a program activity for purposes of presiding over a religious or spiritual rite, as long as the alcohol remains in the possession, custody, or control of the presiding clergy member at all times while on the program site or at the program activity, is not distributed, and is consumed only by the presiding clergy member, if at all.
(2) The facility shall inform any clergy member bringing alcohol on site or to a program activity under paragraph (1) of this subsection of the requirements of this subsection. The facility shall create and maintain documentation, which shall be available to staff of the Department of State Health Services upon request, reflecting each date and time when alcohol is permitted to be brought onto the program site or to a program activity pursuant to this subsection. The documentation shall include the name, address, and title of the clergy member, and shall document staff verification that the clergy member was self-identified as such, that alcohol was brought on site or to a program activity and that it was thereafter either removed from the site or program activity, or represented by the presiding clergy member to have been personally consumed. <...snip>

That rule is overridden due to the fact they would have to prosecute you under 46.03, and that allows concealed carriers to carry in a hospital unless posted 30.06/30.07. And, since it's a state facility, then they can't post 30.06/30.07.

Does it also override if it is a privately owned behavioral health center and not a hospital?

anomie wrote:There's an article on the Austin American statesman alleging that state mental hospitals can't prohibit carry because they can't post 30.06 or 30.07 signs

I look at the statutes and see something about hospitals licensed under health and safety code 241 having a requirement to put up a 51%-without-the-51 sign, which is not a 30.06/07 sign.

However, there's a lot of effective date stuff and I'm not sure if I'm parsing everything correctly.

Is this a case of, they could prohibit carry if they'd put up 51-without-the-51 signs - or are they really unable to prohibit carry by license holders?

According to my dad who works at a mental health facility, Chapter 448 Texas Department of Mental Health supplies the code that prohibits carrying of firearms.

Subchapter E - RULE §448.505

<snip...> (h) The facility shall prohibit firearms and other weapons, alcohol, illegal drugs, illegal activities, and violence on the program site or at or during the course of any program activity, except as provided for in paragraphs (1) and (2) of this subsection. The facility shall be responsible for any noncompliance with this subsection.
(1) The facility may allow a clergy member to bring four ounces or less of alcohol on site or to a program activity for purposes of presiding over a religious or spiritual rite, as long as the alcohol remains in the possession, custody, or control of the presiding clergy member at all times while on the program site or at the program activity, is not distributed, and is consumed only by the presiding clergy member, if at all.
(2) The facility shall inform any clergy member bringing alcohol on site or to a program activity under paragraph (1) of this subsection of the requirements of this subsection. The facility shall create and maintain documentation, which shall be available to staff of the Department of State Health Services upon request, reflecting each date and time when alcohol is permitted to be brought onto the program site or to a program activity pursuant to this subsection. The documentation shall include the name, address, and title of the clergy member, and shall document staff verification that the clergy member was self-identified as such, that alcohol was brought on site or to a program activity and that it was thereafter either removed from the site or program activity, or represented by the presiding clergy member to have been personally consumed. <...snip>