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What is the definition of meeting, and Governmental entity?

Posted: Sun Aug 29, 2010 11:04 am
by Scott_n_Texas
I copied this from the TXDPS website.

PC ยง46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.-

(c) 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, at any meeting of a governmental
entity.


What is the definition of meeting, and Governmental entity?

I'm wanting to know if this applies to LCRA as far as the parking lot for employees. Not the parks and boat ramps, lakes etc. As I understand the law, in a vehicle in any parking lot public or private is covered by the CHL law as far as legit, legal possession of a weapon.


Am I correct on the last part at least?

Then there is this part...........

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
[...]
(c) 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, at any meeting of a governmental entity.
[...]
(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.

Re: What is the definition of meeting, and Governmental enti

Posted: Sun Aug 29, 2010 11:12 am
by Tass
I was told at my renewal that any group that elects officers and basically uses Roberts Rules of Order would be considered a 'meeting' and fall under the not allowed rule.

True/False?

Tass

Re: What is the definition of meeting, and Governmental enti

Posted: Sun Aug 29, 2010 11:33 am
by seamusTX
In my opinion, the definition is in the Texas Open Meetings Act.

It would be unreasonable for anyone in authority to say that any time two or more government employees chat it is a meeting. You would have no way of knowing who they were (unless in uniform) and what they were doing.

As no one has ever been convicted or even accused under this clause, as far as I know, there is no case law.

- Jim

Re: What is the definition of meeting, and Governmental enti

Posted: Sun Aug 29, 2010 11:52 am
by Charles L. Cotton
seamusTX wrote:In my opinion, the definition is in the Texas Open Meetings Act.

It would be unreasonable for anyone in authority to say that any time two or more government employees chat it is a meeting. You would have no way of knowing who they were (unless in uniform) and what they were doing.

As no one has ever been convicted or even accused under this clause, as far as I know, there is no case law.

- Jim
:iagree: Although the Penal Code doesn't define "meeting" in this context, there are statutory requirements for all governmental entities and agencies having official meetings.

Chas.

Re: What is the definition of meeting, and Governmental enti

Posted: Sun Aug 29, 2010 2:48 pm
by TxCommish
Any "official" meeting of any "governmental entity" in Texas must be posted as such at least 72 hours prior to the meeting time. The posting must be in accordance with Section 551.072 of the Government Code and the Texas Open Meetings Act and must state the date, place, time, and purpose of the meeting. Basically, if they are required to post their meetings, they are a "governmental entity.