AISD signs

[Kyle Brown]

As you are aware, Definitions in one code or statute are often utilized in another and as "Premises" is defined in two different ways in two different Statutes in the Penal Code, each place referring to "Premises" points to which of the two definitions it means.
TEC points to no alternate definition, but refers throughout, to the government code.
And you haven't shown anything in the Texas Education Code which negates the definition contained in the Texas Local Government Code, to which the Texas Education Code is subject.
You are welcome to try to show where the government says a school district is not part of the government
http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;

but I suspect you'll keep your position, and we'll keep ours anyway.
I do understand where corporate body as school districts incorporate could be thought of as non-govt, in the same way a city which incorporates is not a "State Agency" though it (a municipality) is preempted in some areas by State law with regard to what it can and can not regulate, therefore subject to the State. So both school districts and cities incorporate, and both are subject to State Law ...I mean I see your position/argument, though I disagree.

It walks like a duck, quacks like a duck ... and the Government itself says school districts are a State Agency

It's a duck.


Or, prove it isn't a duck (government agency) in contrast to/conflicting with the definition stating it is.
Education code,
http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;

Simple logic:
What types of bodies are regulated by the Government code? Govt bodies
Open Meetings laws? Govt bodies
Does the Government Code regulate private corporations? no ...

http://www.statutes.legis.state.tx.us/d ... /ed.11.htm" onclick="window.open(this.href);return false;
Texas Education Code
Sec. 11.0621. MEETINGS. The minutes, certified agenda, or recording, as applicable, of a regular or special meeting of the board of trustees must reflect each member's attendance at or absence from the meeting. The minutes or tape recording of an open meeting must be accessible to the public in accordance with Section 551.022, Government Code.

Seriously, one must conclude that Government agencies are all that the government code regulates
TEA is regulated by the Govt code
School districts are regulated by the govt code and TEA which is subject to the education code and govt code
School districts meetings must comply with Govt code
School districts are regulated by the Govt code
Govt code can only control/regulate governmental bodies ...

As I said, I see where you could attempt to use "body corporate" and that definition and incorporating processs could be stretched to attempt to make a school board/trustees some private corporation not subject to the govt code ... it won't work.
Sure, perhaps its a non-profit corporation legal entity
http://www.academicadvocates.org/articl ... ration.htm" onclick="window.open(this.href);return false;
It's a governmental agency, as the govt code so states and no definition elsewhere contradicts that, but the structure rather supports it being a governmental agency supported by taxes with elections and authority to assess and collect taxes etc etc..
IMHO, and you haven't shown anywhere that says it isn't ... It is still a State Agency.

I mean I do understand your position. There are attorneys who are members here, and one attorney in town goes broke, two with opposite positions make money, it appears they are wiser than I am, and remain silent ...I respect your right to your opinion though I disagree, because there is more/greater preponderance of evidence, and greater weight, that a school district is a State Agency, than that they aren't. So, neither of us are going to change opinions, and I don't believe any definition nullifies the one given, so I'll agree that we disagree.

The government itself defines School districts as State Agencies, and no where does the government state nor define a school district as not being a State Agency.

My bet is no attorney member here would intentioally misrepresent the Government Code, completely ignore that act when a member pointed it out to them, and then maintain that their intepretation is correct with on regard for the correct cite. No attorney I know would do that...in fact, I have never seen anyone here try to pull that stunt but you.

[sugar land dave]

It seems to be a little steamy in here. I've never seen a member with 100 posts chide members with thousands of posts.

Can we lower the water temperature just a bit?

[JP171]

Kyle, your belief that an Independant school district means that the district is not a governmental agancy is wrong, all independant indicates is that the school disrtict is not dependant upon another taxing agency IE Houston ISD is not dependant nor answerable to the City of Houston. School disticts like MUD's make ordanances and laws, they have Police Departments that are not answerable to any city, county or state law enforcement agency as a dependant police dept. school district in texas are their own taxing entities and govermental agencies just like MUD's and RFPD and ESD, you do know what those are don't you? RFPD's are allowed to make laws concerning Fire Safety regulations such as minimal fire code to require smoke detectors in apartments, fire sprinkler systems in commercial buildings and even new construction homes. In Florida the school districts are tied to County or City Governments and cannot make rules that hold the force of law (IE fighting as a violation) however I know of atleast one district that has made a local law that is infact law that fighting is illegal and the charge is fighting not DC. Florida Schools are normally called as an example Seminole County schools and are controlled by a board of trustee's and the Commissioners Court, any rules that the School District wishes to make have to be approved by the County School Board that is a sub to the Commissioners Court. Before you try and quote the laws that have been superceeded by either other code/law/case law. have a kid and go see the JP.

[Keith B]

I think we need to agree to disagree on this item and move on. The thread is getting too heated and bordering on personal attacks. Do not take it there.

[JP171]

if I did give that impression I apologize, not trying to heat anything up nor attack anyone.

[Zoti]

So, is the ISD a government entity or not?

The law is a bit confusing. I think they should change it and make it so everywhere where it is prohibited to carry should be posted. At the court, school etc. just like posting a 51% sign. Then have someone that will handle wrongfully posted sign complaints.

[puma guy]

If school districts aren't government then they are subject to torts. There should be instances of lawsuits against a SD's for all sorts of things. Except for vehicle incidents, faulty equip or gross negligence a governmental entity can't be sued, right? IANAL.

[gdanaher]

So, is the ISD a government entity or not? The law is a bit confusing. I think they should change it and make it so everywhere where it is prohibited to carry should be posted. At the court, school etc. just like posting a 51% sign. Then have someone that will handle wrongfully posted sign complaints.

Sheesh. In Texas public school districts are the creation of the Texas legislature and yes, they are government agencies. Enough.

[gdanaher]

If school districts aren't government then they are subject to torts. There should be instances of lawsuits against a SD's for all sorts of things. Except for vehicle incidents, faulty equip or gross negligence a governmental entity can't be sued, right? IANAL.

RIGHT

[C-dub]

I finally took the time to read through this whole mess. It sounds to me like Kyle is relying on the TEC code being superior to state law, which BTW has preemption IIRC. This sounds a bit like another situation many of us are in with our employers not changing their policy on guns in our vehicles in their parking lots. The law says they can't prohibit us, but they still haven't changed their policy and are just going to wait and see. Just because the TEC hasn't changed their rules, codes, statutes, or whatever doesn't mean that they can make up their own rules that trump state law.

I'm also curious about one other thing. I thought only a government entity could "tax" us. How far off am I on this one?

[RPB]

we voted out some school district trustees Saturday, along with some city councilmen; hopefully both the new trustees and councilmen will manage our tax spending better.