tfrazier wrote:KBCraig wrote:tfrazier wrote:30-06 allows them to ban us from the premises, inside the doors. Does NOT apply to parking lots.
Of course it applies, if they post the parking lot entrances.
Check the Texas Penal code. Very specific, "Premises" is defined as inside the doors of the building itself. It does not apply to parking lots, drives, or streets.
Yes, it is
very specific, and here is what it says (pay attention to the part in red):
PC 46.035 (f) In this section:
(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
You may have noticed that is from PC 46.035; the definition given there
only applies to that section, and to PC 46.03 (which specifically refers to the definition as given in 46.035).
It states that 30-06 applies only to "Premises".
The word "premises" only appears in PC 30.06 once, in the paragraph that says 30.06 doesn't apply on government property, unless it is a "premises or other place" that is statutorily off limits. Such as those listed in 46.035, for instance.
Since there is no definition of "premises" in Chapter 30, common usage applies. That means "premises" can include not just buildings, but the appurtenant grounds. There is no restriction on what kind of "premises" may be posted with a valid 30.06 notice.
Here is a quote from the Texas Attorney General Letter Opinion No. 96-009:
'(3) “Premises� means a building or a portion of a building.
The term does not include any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other
parking area.' - excerpted from
http://www.oag.state.tx.us/opinions/LO96/LO96-009.pdf
The AG was quoting the law as it pertains to schools (sections 46.03 and 46.035, as I noted above), in response to a query about schools.
That has nothing whatsoever to do with 30.06 notices.
Kevin
