TexasCHLforum.com

JKTex wrote:

baldeagle wrote:Effective notice - the following people are designated as volunteer safety members and are authorized to carry weapons on the church premises. Under the law the church can successfully argue that you were given notice that you could not carry by not being selected as a volunteer.

30.06 is not JUST a sign.

No, 30.06 not just a sign, but the absence of being dubbed a member of a voluntary safety team is no where near effective notice of anything, it's the absence of both. What's at issue is that currently a voluntary safety team member falls under occupational code that prohibits carrying a firearm without certification. Removing that so organized safety teams are allowed to carry under the authority of a CHL doesn't impact other CHL holders without undesirable changes to 46.035.

Or wait, I may be misreading and what you're saying is those undesirable changes to 46.035 might create that situation? If so, never mind. And if so, I still don't think it serves as effective notice, and effective notice wouldn't be needed because it would make carry in a church unlawful for a CHL holder unless you have been dubbed a member of a safety team.

TrueFlog wrote:Re-read my post. The changes to paragraph (6) don't matter because paragraph (6) doesn't apply unless the church is posted with a 30.06 sign.

Here's the existing Texas Penal Code

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
...
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
if the actor was not given effective notice under Section 30.06.

Note that section (i) effectively negates (b)(6). Both potential bills update (b)(6), but neither remove section (i). As a result, (b)(6) still won't apply unless the church is posted with a 30.06 sign.

√(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.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(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.

TrueFlog wrote:I disagree. I see nothing in either bill that would restrict or remove our current right to carry in a church. The text of HB2535 essentially states that a security guard may carry in a church if authorized by the church. That's it. The bill makes no changes that apply would apply to a CHL who is not a security guard. The same is true of SB1324. Remember that 46.035(b)(6) does not apply unless the church is posted with 30.06.

SECTION 2. Section 46.035(b), Penal Code, is amended to
read as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship, unless pursuant to written
authorization of the established place of religious worship.

(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) except as provided by Section 1702.333,
Occupations Code, on the premises of a church, synagogue, or other
established place of religious worship.[/quote]

So now ONLY members of the volunteer safety group may carry in church.