Txi, I made this remark in another thread here recently.txinvestigator wrote:Kyle Brown wrote:In Texas, public schools (ISDs specifically) are not government owned. All property owned by the ISD is legally owned by the school board of trustees.NcongruNt wrote:But since most schools are government-owned, wouldn't those 30.06 signs not be legally binding, and improperly posted?txinvestigator wrote:I agree; therein, lies the problem. Even if carry at schools was NOT prohibited by penal code, every school would just post 30.06.Venus Pax wrote:I don't know of any administrator that would touch that with a ten foot pole.txinvestigator wrote:
There is a provision in the law NOW that with written permission a CHL holder CAN carry.I admit, I need an education about this, but is not the board of trustees a government entity? They collect taxes, have elected representatives, etc, etc?
A school district IS a government entity.
Texas public school "law" is very interesting to say the least. It is full of "holes" and lacks definition in certain areas, all of which, in my opinion, is by design.
In short, both real and personal public school property is not owned by the state or any government entity. All rights and titles to public school property is vested in the board of trustees and their successors. The board of trustees has the exclusive power and duty to oversee the management of the public schools and said property in their respective districts. Therefore, the property is private property.
In my opinion, any ISD board of trustees my elect to post their private property with a TPC 30.06 sign and enforce the same.
Therefore, an ISD is not a government entity. I look at it as a private entity, not unlike a private corporation, which functions at the will and pleasure of the electorate BUT as such, must function under the rules governing education if it is to be accredited.