TexasCHLforum.com

This has always caused confusion and understandably so. I won't go into detail why this is written as it is, but I'll explain the impact. Let me start by saying there is no requirement that hospitals or nursing homes display 30.06 signs.

I'll put this in bullet points to hopefully make it easier to follow.

• 1. Gov't Code 411.204 does not create a criminal offense. It is only a notice requirement. Offenses related to an LTC carrying a handgun are found in the Penal Code, typically in Chp. 46 and §§30.06/30.07.
  2. Subsection 411.204(c) creates the well-known "51% sign."
  3. Section 411.204(b) requires hospitals and nursing homes to post the sign set out in 411.204(c), except for the requirement to superimpose "51" over the verbiage.
  4. TPC §46.035(b)(4) creates the offense of LTC carrying on the premises of a licensed hospital or nursing home.
  • i. This prohibition applies only if given notice pursuant to TPC §30.06/30.07, (see TPC §46.035(i) ).
    ii. TPC §§30.06 and 30.07 require the precise language set out in each Code provision, as evidenced by placing the required language in quotation marks.
    iii. The 51% sign required by Subsection 411.204(c) does not contain the language required by TPC §30.06/30.07, thus it does not trigger the prohibition found in TPC §46.035(b)(4).

Here is the bottom line. Hospitals and nursing homes are technically required to post a 51% sign without the numerals "51" superimposed on the sign. This would apply to non-LTC's, but it's already unlawful for them to carry in a hospital or nursing home anyway. As a practical matter, hospitals or nursing homes typically post 30.06 and/or 30.07 signs as those signs are readily available and they meet the requirement of Gov't Code §411.204(b).

There, clear as mud, right?
Chas.