bkj wrote:MasterOfNone wrote:bkj wrote:30.06 does not apply to your employer.
GC CH. 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE
OF TEXAS
Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN
GC §411.203. RIGHTS OF EMPLOYERS. This subchapter does not
prevent or otherwise limit the right of a public or private employer to
prohibit persons who are licensed under this subchapter from carrying
a concealed handgun on the premises of the business.
30.06 does not apply to your employer. If you are informed in any manner by your employer that firearms are not allowed you can be charged under 30.05.
PC §30.05. CRIMINAL TRESPASS
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure facility; or
(B) the person carries a deadly weapon during the commission
of the offense.
You left out 30.05(f), which provides a defense if the prohibition you violated is for handguns:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.
I refer back to GC §411.203. RIGHTS OF EMPLOYERS
Go to the DPS web site and read the Attorney General Opinions
If you are referring to Attorney General Opinion No. DM-363, it states:
Under section 30.05 of the Penal Code, any person, including a license holder, who enters or remains on property or in a building of another carrying a concealed handgun without effective consent to carry and who has had notice that concealed handguns are prohibited commits a criminal offense.
But that opinion was issued in 1995. That was before 30.06 was added (1997) and before 30.05(f) was added (2003). The law upon which that opinion was issued has clearly changed so that 30.05 does not apply.