30.06 Ruling Letters

[TreyHouston]

Sure has been a long time since any new letters have gone out.....

[billybryce]

Has anyone contacted Kerr County? How can you look to see if a complaint has been filed? The Sheriff said in a newspaper article at the beginning of the year all three floors were off limits due to courts being on all three floors. I spoke with the county clerk and she said as far as she knew it was still the same. Based on the Texas AG opinions I have read it may not be in Kerr County's best interest to maintain that policy. Unless I am missing something.?

[ELB]

Texas AG has sent a cure notice, dated 10 Aug 16, to Waller County:

https://www.texasattorneygeneral.gov/fi ... thouse.pdf

The Office of the Attorney General ("OAG") received a citizen complaint, pursuant to section
411.209 of the Government Code, concerning the wrongful exclusion of handgun license holders
from the Waller County Courthouse. After investigating the citizen complaint, the OAG has
determined Waller County is in violation of section 411.209.

...

By correspondence dated August 4, 2016, Assistant District Attorney Elizabeth Dorsey provided
a response to the complaint on behalf of the county. The county generally asserts the courthouse
is a place where firearms are prohibited pursuant to section 46.03(a)(3) of the Penal Code. The
county further asserts the signage in question is not in violation of section 411.209 because it does
not reference 30.06 or "any handgun license law." The county has also provided the OAG with
copies of the pleadings filed in a lawsuit brought by the county against the citizen complainant.
The petition states the county seeks a declaratory judgment that section 46.03(a)(3) of the Penal
Code "prohibits an individual from carrying firearms and other prohibited weapons throughout an
entire building that houses a government court, including but not limited to" the courthouse.

The OAG has reviewed the information provided by the county, including its response to the
complaint and its petition against the citizen complainant. Initially, the OAG notes section 411.209
of the Government Code does not contemplate a suit filed by the government against a citizen
complainant. Regardless, the county's petition acknowledges the courthouse contains non-judicial
county administrative offices such as the county clerk, county treasurer, and county elections
offices. These offices are neither offices essential to the operation of the courts nor are they
otherwise included in the specific exempted places listed under section 46.03 or 46.035 of the
Penal Code. Section 46.03(a)(3) of the Penal Code does not allow a political subdivision to
prohibit licensed handgun holders from entering into an entire building simply because the courts
or the offices of the courts are located in a portion of that multipurpose building. Consequently,
the OAG has determined the signs posted outside the entrances to the courthouse are in violation
of the Government Code.
...
The county has fifteen (15) days from the receipt of this written notice to cure the violation.

[ELB]

In previous posts, I noted that the AG has specifically listed the following offices as not being essential to the operation of a court:

- County Clerk
- County Attorney
- District Attorney
- County Tax Office
- County Constable
- Commissioners Court (altho I wonder if he has backed off on this one)
- Motor vehicle department

The Waller County letter adds two more to the list:
- County Treasurer
- County Elections Office

[TexasTornado]

I wonder if my local courthouse (complete with unrelated office) has come into compliance yet. They used to have armed security and medal detectors at the entrance. May be writing a letter of my own.

[ELB]

The AG has posted some ruling letters that I did not see mentioned here.

11/9/16 Bell County Justice Center, found to be in violation of section 411.209, enforcement abated until other litigation is concluded
11/10/16 Brazos County Court House, found to be in violation of section 411.209, signs removed, complaint resolved.
11/10/16 Hays County Government Center, found to be violation of section 411.209. Signs removed from first floor (non-court offices), separate screening set up for access to 2nd & 3rd floors (court rooms), complaint resolved.
11/10/16 Kleberg County Court House, found to be in violation of section 411.209, signs removed, complaint resolved.
11/10/16 Sabine County Court House,found to be in violation of section 411.209, enforcement abated until other litigation is concluded.
11/10/16 Wichita County Court House and Annex, found to be in violation of section 411.209, enforcement abated until other litigation is concluded.

[dlh]

What is the "other litigation" the AG mentions?

[TreyHouston]

thanks for the update!

[ELB]

What is the "other litigation" the AG mentions?

He is suing the City of Austin, and there is also the Waller suit against the guy who filed a complaint against Waller County. They both basically revolve around the question of "if court rooms and non-court rooms share the same building, can the whole building be off limits to licensed carry?"

[NotRPB]

I thought it interesting that two DPS offices are moving out of two Burnet County Courthouse annexes into a stand-alone building at the County's request... http://www.dailytrib.com/2016/11/18/dps ... ble-falls/

“Burnet County officials informed DPS that they wanted to use the space and requested that DPS vacate,”

though there are many other offices inside those Burnet County Courthouse annexes which are not "utilized by" the Courts; where you get license plates, handicapped placard, etc at County Tax office, city secretary, maybe County Parks/road/bridge dept, not sure what all is there.

If I read the notice correctly, I think Burnet City is only prohibiting carry in their Municipal building on days the Municipal Court is in session, but not prohibiting carry when it isn't in session and you just enter to pay utility bills if no Court is in session that day ..

[ELB]

Another Ruling Letter came out this month.

12/13/16, Marble Falls.

The Office of the Attorney General ("OAG") received two citizen complaints, pursuant to section
411.209 of the Government Code, concerning the wrongful exclusion of handgun license holders
from Marble Falls City Hall. While reviewing the complaints, the OAG received correspondence
from Zachariah T. Evans, counsel for the City of Mable Falls (the "City"), stating all of the signage
that formed the basis of the complaints had been removed. Based on this representation, the OAG
concludes the City's voluntary compliance has resolved the issue. Therefore, the OAG is closing
these complaints.

https://www.texasattorneygeneral.gov/fi ... y_Hall.pdf

[ELB]

Also Deer Park Community Center, a bit more complicated:

By letter dated March 1, 2016, Deer Park City Manager James Stokes informed the OAG that the
community center houses a licensed child-care facility. The Community Center Pre-School (the
"pre-school"), located within the community center, is licensed by the Texas Department of Family
& Protective Services' Childcare Licensing Division. The pre-school is operated by a private party
pursuant to the terms of an independent contractor agreement with the city, a copy of which was
provided by the city to the OAG. The contract reflects that the pre-school is entitled to the
exclusive use of several rooms throughout the community center between the hours of 7:00 a.m.
to 3:00 p.m., Monday through Friday. The city has also provided a floor plan of the community
center, indicating the location of the pre-school as well as the various shared areas of the
community center, such as recreation areas, to which the pre-school has a contractual right of
access.

Upon review, the OAG finds the pre-school is exclusively owned and operated by a private party
and is not operated by the city. The OAG concludes a reviewing court would likely find that a
licensed child-care facility is a "school or educational institution" for purposes of section
46.03(a)(l) of the Penal Code. Accordingly, a handgun license holder is prohibited from
possessing a firearm on the physical premises of the pre-school, consisting of those rooms in the
community center that are operated solely as a pre-school and to which the pre-school has an
exclusive right of use.

Furthermore, the information provided by the city demonstrates the pre-school regularly sponsors
activities that are conducted on the community center grounds and in various locations throughout
the community center building during the pre-school's hours of operation which are 7:00 a.m. to
3:00 p.m. Accordingly, section 46.03(a)(l) further prohibits a handgun license holder from
possessing a firearm on the grounds and throughout the building of the community center at any
time in which the pre-school is in operation.

As noted above, however, the pre-school's hours of operation are 7:00 a.m. to 3:00 p.m., Monday
through Friday. Accordingly, except as to rooms that are operated solely as a pre-school, a
handgun license holder would be prohibited from possessing a firearm on the grounds and
throughout the building of the community center only from 7:00 a.m. to 3:00 p.m., Monday
through Friday.

The OAG's review indicates the 30.06 signs posted at the community center purport to prohibit
licensed handgun holders from entering into the entire community center at all times. Section
46.03(a)(l) of the Penal Code does not allow a political subdivision to prohibit licensed handgun
holders from entering the grounds or building on which a school or educational institution conducts
activities at times other than when such activities are actually taking place. Consequently, the OAG
has determined the signs posted at the entrances to the community center are in violation of the
Government Code.

The city has fifteen ( 15) days from the receipt of this written notice to cure the violation. If the
city fails to cure the violation within this fifteen day period, the OAG may proceed to file suit in
district court and seek civil penalties pursuant to section 41 l .209(g) of the Government Code.
Section 411.209(b) of the Government Code authorizes the court to assess civil penalties in the
amount of:

• Not less than $1,000 and not more than $1,500 for the first violation; and
• Not less than $10,000 and not more than $10,500 for the second or a subsequent violation.

Be advised that each day of a continuing violation constitutes a separate violation. TEX. Gov'T
CODE § 41 l.209(c). Accordingly, beginning on the sixteenth (16th) day following the receipt of
this written notice the city may be liable for a proposed maximum penalty of $1,500 for each day
the city remains in violation, as well as any reasonable expenses incurred by the Attorney General
in obtaining relief under section 41 l.209(g) of the Government Code.

https://www.texasattorneygeneral.gov/fi ... Center.pdf

[casp625]

So... all licensed child care centers are statutorily off limits since they are a school? Does this include daycares or does child care = daycare?

[chasfm11]

So... all licensed child care centers are statutorily off limits since they are a school? Does this include daycares or does child care = daycare?

I danced with this problem earlier this year. In January, the CPS sent out emails to many (all?) licensed preschool locations stating that Open Carry did not change anything and that carry of licensed handguns had always been prohibited. They went into detail about 30.06 and 30.07. I wrote back to them asking their authority to issue the restriction and they quoted a part of the Administrative code. I don't pretend to understand that. The pre-school that I was working with was part of a church and the church did not want to post any signs. Since CPS can audit the pre-school and the license could be suspended for non-compliance (they have a myriad of reasons including not deep enough mulch around playground equipment), the church wrote a statement in to the handbook that the parents must sign, quoting the CPS language. The church was not equipped or willing to contest the CPS wording.

Given the current situation with CPS, I'm hoping that the 2017 Legislature can bring some sanity to their operation.