HB 695

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E.Marquez
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Re: HB 695

#16

Post by E.Marquez »

"They still post them anyway and often claim it is because they are also educational institutions. Some are both. Will a situation like this be covered by this bill?"
Has this ever been put to rest? and by that I mean by court decision, AG opinion, lawyer knowledgeable in such things?

What law, regulation, policy defines what is or is not a teaching hospital (school, and thus by statute off limits)?
Is it a check list or go/nogo check like "If it is listed on the XYZ Education list its an official teaching hospital"?
Is it any hospital that simply makes the claim and that's it BAM, it is now a educational institution?
Do they have to have placement in the State collage education system?
Last edited by E.Marquez on Fri Jan 16, 2015 10:55 am, edited 1 time in total.
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Re: HB 695

#17

Post by e-bil »

Would rehabilitation centers be covered under this bill?
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Charles L. Cotton
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Re: HB 695

#18

Post by Charles L. Cotton »

C-dub wrote:I thought, in theory, at least that state, county, and city hospitals that post 30.06 signs were already unenforceable. They still post them anyway and often claim it is because they are also educational institutions. Some are both. Will a situation like this be covered by this bill?
This is an area where government hospitals can enforce 30.06 signs, because hospitals are statutorily off-limits per Tex. Penal Code §46.035(b)(4), if a 30.06 sign is posted. Tex. Penal Code §30.06(e) makes 30.06 signs unenforceable, unless they are posted on property that is already off-limits per §46.03 or §46.035. Therefore, 30.06 signs on all hospitals are enforceable, whether private or government owned.

Chas.
Tex. Penal Code §30.06(e) wrote:(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
Tex. Penal Code §46.035 wrote:Sec. 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:
    • (4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing homee licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
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Charles L. Cotton
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Re: HB 695

#19

Post by Charles L. Cotton »

Liberty wrote:It looks to me as though if this bill is passed facitys such as UTMB would be good to carry in.
UTMB, UT Health Science Center at Houston, and M.D. Anderson Cancer Center would be different from most hospitals because they are owned by the University of Texas, arguably making them a university. This would apply to other hospitals that are owned by a public or private university.

So-called "teaching hospitals" are not "schools." Almost every hospital is a "teaching hospital" because they have residents, fellows, and full time or adjunct attending physicians teaching those people.

Chas.
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oohrah
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Re: HB 695

#20

Post by oohrah »

I was recently at MD Anderson, and was surprised I did not see any 30.06 signs. Then I saw UT police providing security, so I would agree those places are probably "campus" as well.
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Re: HB 695

#21

Post by MeMelYup »

Charles L. Cotton wrote:
Liberty wrote:It looks to me as though if this bill is passed facitys such as UTMB would be good to carry in.
UTMB, UT Health Science Center at Houston, and M.D. Anderson Cancer Center would be different from most hospitals because they are owned by the University of Texas, arguably making them a university. This would apply to other hospitals that are owned by a public or private university.

So-called "teaching hospitals" are not "schools." Almost every hospital is a "teaching hospital" because they have residents, fellows, and full time or adjunct attending physicians teaching those people.

Chas.
:iagree: and a Dr. or Nurse that does not continue to learn throughout their career as a medical professional in not one I would want to practice on me.

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Re: HB 695

#22

Post by TexasCajun »

So under this bill, private hospitals would get to play security theater just like the airports???
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Re: HB 695

#23

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TexasCajun wrote:So under this bill, private hospitals would get to play security theater just like the airports???
Or allow CHL carriers.
One cost money to implement the other does not.
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Re: HB 695

#24

Post by E.Marquez »

Charles L. Cotton wrote:
Liberty wrote: So-called "teaching hospitals" are not "schools." Almost every hospital is a "teaching hospital" because they have residents, fellows, and full time or adjunct attending physicians teaching those people.

Chas.
Chas thank you for that., one follow up question... What defines or makes a teaching hospital a school?
Kind of an important distinction for us between the two.
Or perhaps more to the point. how do we know which it is? We know we can not count on the Hosp administration, janitorial, board of regents to accurately describe and post the building as one or the other.. so how do WE know what category it falls in? Hospital or school?
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RoyGBiv
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Re: HB 695

#25

Post by RoyGBiv »

E.Marquez wrote:What defines or makes a teaching hospital a school?
My money is on "ownership".

Dallas Presby is a teaching hospital. Privately owned.
UT Medical Center is owned by the university system, thus a "school".

Just my guess.
I am not a lawyer. This is NOT legal advice.!
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XinTX
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Re: HB 695

#26

Post by XinTX »

So....you'd have to know who 'owns' the hospital to know whether or not you could CC? If it's truly part of a "school", what makes that clear? Or would they be required to post 30.06?
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Re: HB 695

#27

Post by Scott Farkus »

Wow, I really, really like this bill. Any chance of extending the concept to all businesses that post 30.06?
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