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by RPB
Thu Jan 28, 2010 6:24 pm
Forum: New to CHL?
Topic: Another 30.06 posting thread...
Replies: 54
Views: 9069

Re: Another 30.06 posting thread...

C-dub wrote:We need to be careful of our use of verbal vs. oral. I don't remember who, but someone pointed out to me sometime ago on this forum that "verbal" is not necessarily "oral." Verbal merely means "with words" and can be written, but "oral" means the spoken word or "by mouth."

The requirement as stated in 30.06 is specific that notice must be either oral or written and also goes further to define what written must include. And we are also aware that a sign has to have certain physical characteristics.
This is true, and I know the difference, but often in my verbiage within my posts of exeeding verbosity, I am guilty of the occasional misuse or misapplication of that word "verbal" when I mean oral. :biggrinjester:

IANAWBMMW (I am Not A Writer But My Mom Was)
by RPB
Thu Jan 28, 2010 5:48 pm
Forum: New to CHL?
Topic: Another 30.06 posting thread...
Replies: 54
Views: 9069

Re: Another 30.06 posting thread...

This is interesting.

I was just googling things and ran across this , notice that it was Revised 09/2009 , a blank complaint form

http://www.bellcountytx.com/countyatty/ ... 70013).pdf

I'm not commenting on it, other than it's interesting (in my layman's opinion).

But, YMMV oslt (Or Something Like That)

Thanks for fixing my broken link :thumbs2:
by RPB
Wed Jan 27, 2010 5:48 pm
Forum: New to CHL?
Topic: Another 30.06 posting thread...
Replies: 54
Views: 9069

Re: Another 30.06 posting thread...

jmra wrote:
RPB wrote:Looks pretty simple ...
If you are licensed under Art. 4413(29ee), TEXAS CIVIL STATUTES , then don't carry in there, the sign prohibits it !!!
I personally was licensed under CHAPTER 411, GOVERNMENT CODE, so I'm ok.
However, you were given verbal notice now so ...
Does a gf telling you that her boss said he does not want employees or clients (of which he is neither) ccing in the building constitute verbal notice? Not saying that he should carry, but I don't see how this meets the legal requirements for verbal notice.
C-dub wrote:Was he really? Does oral notice by someone stating company policy cut it or does one have to be told by someone with the authority to do so?

Even though I am a manager at my company I've been told I have no authority to enforce company policy with regards to security issues. The COO has told us all that security is everyone's responsibility, but when I ask to see someone's company ID, that wasn't displayed, and I didn't recognize them a complaint was made to HR and it trickled to my boss. He told me not to do that again and just notify security. A couple of our "security" folks required canes to get around and can't use the stairs. They have to use the elevator. A few more probably got this job after their retirement funds dwindled away with the market last year.
Good points ...

My guess is that it depends on whether the gf (an employee) has "apparent authority to act for the owner" ..

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

Some people may have "apparent authority" even if they have no "real authority"

C-dub, even though you were told you had no real auythority in a matter, it may appear to me that you do, when I'm in your place of business, I might assume you do as manager ...

I don't know what position his gf, who is an employee, is in, whether she has "apparent" authority or not as an employee there... if she does, then he was given notice, if not, then no he wasn't.
by RPB
Wed Jan 27, 2010 4:47 pm
Forum: New to CHL?
Topic: Another 30.06 posting thread...
Replies: 54
Views: 9069

Re: Another 30.06 posting thread...

Looks pretty simple ...
If you are licensed under Art. 4413(29ee), TEXAS CIVIL STATUTES , then don't carry in there, the sign prohibits it !!!
I personally was licensed under CHAPTER 411, GOVERNMENT CODE, so I'm ok.
However, you were given verbal notice now so ...

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