TexasCHLforum.com

barres wrote:I understand your logic KBCraig, but where in the law does it state that the entrance has to be posted?

I was thinking this way about a Taco Cabana argument on another board where a compliant 30.06 sign was posted behind the counter. If it was not at the entrance it doesn't count, right? But the Penal Code doesn't say it must be posted at the entrance(s). At least not that I have found.

PC 30.06
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both
English and Spanish;
(ii) appears in contrasting colors with block letters at least
one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to
the public.

(B)(iii) is the key: "in a conspicuous manner clearly visible to the public."

There is no requirement that it be posted at the entrance(s). But since the purpose of a 30.06 notice is to prevent entry by an armed CHL, it makes little sense to have notices anywhere else.

Unless you can show me elsewhere in PC30.06 or other sections of Texas law that it states that the sign must be at any/all entrances.

I've never said that any/all entrances must be posted. I said that someone who enters without passing a 30.06 notice has not received sufficient notice that they may not enter.

Do you believe someone who randomly enters through an unmarked entrance, having not passed by any other conspicuous and clearly visible 30.06 notices, would be guilty of trespass just because all other entrances are conspicuously posted? I'm pretty sure you don't.

I did say that someone who went "entrance shopping" to get around 30.06 notices could probably be convicted.

Kevin

pbandjelly wrote:"oh but the one entrance..."

sure. good luck with the judge with that.

It's not, "oh but the once entrance...", it's "There was no notice posted where I entered." Period. Someone using that entrance has no way of knowing what is posted on other doors.

Now, if you're on video walking up to and then walking away from all the posted entrances, and entering the one unposted entrance, a prosecutor could probably make the case that you'd been notified.

But it would be far from definite, even in that case. Hospitals tend to be big complexes, with a confusing array of entrances for visitors, the ER, day clinics, specialized treatment centers, the adjoining professional office building (which happens to be a completely separate business), etc.

A hospital with multiple entrances, some of them unposted, is not unlike a Mills mall, where the mall entrances are posted, but the anchor stores with their own entrances are not posted. Matter of fact, that's a good analogy: most modern hospitals amount to "medical malls". There might only be one roof, but there are a lot of independent operations under that roof, having their own rules.

After all, when you go to the hospital, you don't get a bill, you get lots of bills from different businesses. Sometimes I think there must be some folks who just wander the halls picking up charts and sending bills.