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Re: Cities improperly posting 30.06 signs?

Posted: Mon Oct 02, 2017 8:50 am
by ScottDLS
bigity wrote:So basically these signs come down to a 'beat the rap, but not the ride' situation possibly?
The proverbial "ride" for a $200 ticket...unless we're talking court offices. :biggrinjester:

Re: Cities improperly posting 30.06 signs?

Posted: Mon Oct 02, 2017 4:03 pm
by ELB
I have learned that a hearing was held for the OAG's suit against the City of Austin about two or three weeks ago.

If I understand what I heard correctly, the OAG filed a motion for summary judgment, and the City a "plea to jurisdiction..." or some words to that effect. If there are any lawyers that are reading this and understand this better, by all means chime in, but I believe it is basically the City of Austin arguing that the court in which the OAG filed the lawsuit does not have jurisdiction over this matter. It is not an argument about the merits of the OAG's interpretation of the fines-for-signs law, but about the process. It's possible the OAG filed in the wrong court, but I think it more likely this is just table pounding by Austin to delay the whole process.

The judge's decisions on the motions have not been released yet, and there doesn't seem to be any good way for average Joe Texan to track things like this at the trial court level, especially two or three counties away. To the best of my knowledge this hearing was probably in the 53rd Civil District Court, Honorable Scott H. Jenkins.

As for the Waller County case, (remember, Waller County SUED a citizen who made a complaint to the OAG), it may be that there has already been a decision at the trial level and the case is on appeal, but I have no further info on that. If there is somebody who can look into the Waller County judicial system, that would be nice.

Re: Cities improperly posting 30.06 signs?

Posted: Mon Oct 02, 2017 4:06 pm
by ELB
Oh, look what google brings up:

Waller County wins fight to keep courthouse gun ban. Maybe.

And
Texas Judge OKs County’s Courthouse Gun Ban

I had not heard of this before, altho it's almost a year old. This is the lawsuit that was filed by Waller County against Holcomb, and it affects only Waller County. The OAG has separate suits against City of Austin and Waller County, the outcome(s) of which will affect the whole state.

Aaaannnnd:
This is apparently the Waller County judge's order decreeing that "Penal Code 46.03(a)(3) prohibits all firearms and other weapons in the entire govemment building that houses a court."


Re: Cities improperly posting 30.06 signs?

Posted: Mon Oct 02, 2017 4:20 pm
by troglodyte
bigity wrote:Are the procedures in this thread still correct?

The South Plains Fair has posted 30.06/.07 signs at the entrance to the South Plains Fairgrounds in Texas, which is owned (as far as I can tell) by Lubbock County, making the signs invalid.

I know the AG has ruled that the governmental entity cannot be fined for something a third party has done (was anything passed this last session to deal with this?), but where do I document/submit this as an invalid sign?
I'm pretty sure the South Plains Fair is owned by a private, non-profit organization, The South Plains Fair Association.

Re: Cities improperly posting 30.06 signs?

Posted: Mon Oct 02, 2017 5:01 pm
by ScottDLS
troglodyte wrote:
bigity wrote:Are the procedures in this thread still correct?

The South Plains Fair has posted 30.06/.07 signs at the entrance to the South Plains Fairgrounds in Texas, which is owned (as far as I can tell) by Lubbock County, making the signs invalid.

I know the AG has ruled that the governmental entity cannot be fined for something a third party has done (was anything passed this last session to deal with this?), but where do I document/submit this as an invalid sign?
I'm pretty sure the South Plains Fair is owned by a private, non-profit organization, The South Plains Fair Association.
What about the land (Fairgrounds) that the Fair is held on?

Re: Cities improperly posting 30.06 signs?

Posted: Mon Oct 02, 2017 8:20 pm
by troglodyte
ScottDLS wrote:
troglodyte wrote:
bigity wrote:Are the procedures in this thread still correct?

The South Plains Fair has posted 30.06/.07 signs at the entrance to the South Plains Fairgrounds in Texas, which is owned (as far as I can tell) by Lubbock County, making the signs invalid.

I know the AG has ruled that the governmental entity cannot be fined for something a third party has done (was anything passed this last session to deal with this?), but where do I document/submit this as an invalid sign?
I'm pretty sure the South Plains Fair is owned by a private, non-profit organization, The South Plains Fair Association.
What about the land (Fairgrounds) that the Fair is held on?
Owner ID: OO10195
Owner Name: PANHANDLE SOUTH PLAINS
Owner Address: FAIR ASSN PO BOX 208
LUBBOCK,TX 79408-0208

Parcel Information
Legal Description: BLK O SEC 3 AB 24 40.48 ACS

Re: Cities improperly posting 30.06 signs?

Posted: Tue Oct 03, 2017 6:13 am
by treadlightly
The Heart of Texas Fairgrounds are increasing security. Potential targets may not carry defensive handguns.

http://www.kwtx.com/content/news/Heart- ... 67073.html
Volunteers started using metal detection wands and checking bags for weapons last year.

That will continue this year.

Signs will be posted alerting fairgoers that there is a ban on guns and machetes.
I understand the rodeo is off limits. The rest of the facility should be welcome turf.

Re: Cities improperly posting 30.06 signs?

Posted: Tue Oct 03, 2017 6:43 pm
by ninjabread
Signs will be posted alerting fairgoers that there is a ban on guns and machetes.
I'm all set.

Image

Re: Cities improperly posting 30.06 signs?

Posted: Tue Oct 03, 2017 6:59 pm
by sjfcontrol
ninjabread wrote:
Signs will be posted alerting fairgoers that there is a ban on guns and machetes.
I'm all set.

Image
This might work better...

Image

Re: Cities improperly posting 30.06 signs?

Posted: Tue Oct 03, 2017 8:10 pm
by bigity
troglodyte wrote:
ScottDLS wrote:
troglodyte wrote:
bigity wrote:Are the procedures in this thread still correct?

The South Plains Fair has posted 30.06/.07 signs at the entrance to the South Plains Fairgrounds in Texas, which is owned (as far as I can tell) by Lubbock County, making the signs invalid.

I know the AG has ruled that the governmental entity cannot be fined for something a third party has done (was anything passed this last session to deal with this?), but where do I document/submit this as an invalid sign?
I'm pretty sure the South Plains Fair is owned by a private, non-profit organization, The South Plains Fair Association.
What about the land (Fairgrounds) that the Fair is held on?
Owner ID: OO10195
Owner Name: PANHANDLE SOUTH PLAINS
Owner Address: FAIR ASSN PO BOX 208
LUBBOCK,TX 79408-0208

Parcel Information
Legal Description: BLK O SEC 3 AB 24 40.48 ACS
Can I ask where you found that?

Re: Cities improperly posting 30.06 signs?

Posted: Tue Oct 03, 2017 8:59 pm
by troglodyte
bigity wrote:
troglodyte wrote:
ScottDLS wrote:
troglodyte wrote:
bigity wrote:Are the procedures in this thread still correct?

The South Plains Fair has posted 30.06/.07 signs at the entrance to the South Plains Fairgrounds in Texas, which is owned (as far as I can tell) by Lubbock County, making the signs invalid.

I know the AG has ruled that the governmental entity cannot be fined for something a third party has done (was anything passed this last session to deal with this?), but where do I document/submit this as an invalid sign?
I'm pretty sure the South Plains Fair is owned by a private, non-profit organization, The South Plains Fair Association.
What about the land (Fairgrounds) that the Fair is held on?
Owner ID: OO10195
Owner Name: PANHANDLE SOUTH PLAINS
Owner Address: FAIR ASSN PO BOX 208
LUBBOCK,TX 79408-0208

Parcel Information
Legal Description: BLK O SEC 3 AB 24 40.48 ACS
Can I ask where you found that?
LCAD's Website. A little cross referencing names, looking at plat maps, and figuring out idiosyncrasies of government record keeping and you can find out who owns anything in Lubbock County. All counties may not be as accessible. You may have to go to the appraisal office to see the records.

Lubbock Central Appraisal District's Website

Edit: fixed URL address

Re: Cities improperly posting 30.06 signs?

Posted: Thu Oct 05, 2017 8:40 am
by bigity
Thanks, I had been using that site but I'm not familiar with the bizarre system they have slapped it on top of :)

Re: Cities improperly posting 30.06 signs?

Posted: Fri Dec 08, 2017 3:36 pm
by nimravus01
Snip:
ELB wrote:

I note that a few posts back sbrawley mentions that a Harris County Sheriff's processing center has a 30.06 in a public access area. If this is indeed the case, take note that the OAG just last month issued a violation letter to the Killeen PD, telling them that while they can post the jail portion of their building off limits to carry, they may not do so with the public access portion: https://www.texasattorneygeneral.gov/fi ... e_Dept.pdf
This would make a good attachment to a complaint to the Harris County Sheriff's Office, followed in three days by one to the OAG.

For government entities that are still posting at this point, they are not going to remove them without somebody complaining, and the OAG is not going to say anything to them unless notified by the complaint process set up in law. I seriously doubt they read this thread just to find new violations...
I went by the Killeen PD recently and the signs have been removed from the main entrance of the HQ.

Re: Cities improperly posting 30.06 signs?

Posted: Fri Dec 08, 2017 3:51 pm
by ELB
nimravus01 wrote:Snip:
ELB wrote:

I note that a few posts back sbrawley mentions that a Harris County Sheriff's processing center has a 30.06 in a public access area. If this is indeed the case, take note that the OAG just last month issued a violation letter to the Killeen PD, telling them that while they can post the jail portion of their building off limits to carry, they may not do so with the public access portion: https://www.texasattorneygeneral.gov/fi ... e_Dept.pdf
This would make a good attachment to a complaint to the Harris County Sheriff's Office, followed in three days by one to the OAG.

For government entities that are still posting at this point, they are not going to remove them without somebody complaining, and the OAG is not going to say anything to them unless notified by the complaint process set up in law. I seriously doubt they read this thread just to find new violations...
I went by the Killeen PD recently and the signs have been removed from the main entrance of the HQ.
Thanks for the follow-up!

Re: Cities improperly posting 30.06 signs?

Posted: Thu Apr 12, 2018 6:59 pm
by jordanmills
Has anyone filed a complaint about the Harris County "civil courthouse" building at 201 Caroline? It houses several things, like a cafeteria/food court, county clerk, district clerk, passport services, records/imaging, and some other things in addition to courts and court offices.

There's also the Harris County Juvenile Justice Center at 1200 Congress, which houses the district clerk juvenile section, TDD (telecommunications device for the deaf), and offices/conference rooms for departments not related to courts.

They obviously know about the requirements of the law, because another multipurpose building at 1301 Prairie has signs noting that licensed possession of a handgun is prohibited on certain floors, which seems consistent with the letter and intent of the law. I would like to not have my name attached to complaints to them because of other reasons. Is there more going on with Harris County than might be apparent, or should I look into sending them notification then filing a complaint with the AG?

It's not a city, but maybe it's still close enough to be on topic...