"School IS defined" and I feel like a dummy

[txinvestigator]

While researching another topic I came across a definition of School in chapter 46 of the Texas Penal Code.



Texas Penal Code

§46.11. Penalty if offense committed within weapon-free school zone.

(a) Except as provided by Subsection (b), the punishment
prescribed for an offense under this chapter is increased to the
punishment prescribed for the next highest category of offense if it
is shown beyond a reasonable doubt on the trial of the offense that
the actor committed the offense in a place that the actor knew was:

(1) within 300 feet of the premises of a school; or

(2) on premises where:

(A) an official school function is taking place; or

(B) an event sponsored or sanctioned by the University
Interscholastic League is taking place.

(b) This section does not apply to an offense under Section
46.03(a)(1).

(c) In this section:

(1) "Institution of higher education" and "premises" have the
meanings assigned by Section 481.134, Health and Safety Code.

(2) "School" means a private or public elementary or
secondary school.


Since this was added in 1995, the same year as the CHL laws, I believe that is exacty the definition of school that applies to CHL.




Texas Health and Safety Code
§481.134. Drug-free zones.

(a) In this section:


(2) "Institution of higher education" means any public or
private technical institute, junior college, senior college or
university, medical or dental unit, or other agency of higher
education as defined by Section 61.003, Education Code.

I can't believe I never noticed that before.

Charles?

[propellerhead]

...subscribing.

[seamusTX]

Does "in this section" mean only in §46.11? Note the use of section versus chapter.

Many sections of the law contain definitions "in this section." Many also refer to a definition in another section. That implies that a definition is limited to the section in which it appears, and others which explicitly refer to it.

Strangely enough, the Education Code (§ 5.001) does not define school.

But I'm still not a lawyer.

- Jim

[txinvestigator]

Does "in this section" mean only in §46.11? Note the use of section versus chapter.

Many sections of the law contain definitions "in this section." Many also refer to a definition in another section. That implies that a definition is limited to the section in which it appears, and others which explicitly refer to it.

Strangely enough, the Education Code (§ 5.001) does not define school.

But I'm still not a lawyer.

- Jim

since School is not defined elsewhere, as a law abididing citizen I do my best to follow the law as it seems reasonable.

[Charles L. Cotton]

Unfortunately, that definition of “school� is limited to the section referenced, i.e. §46.11. This is why it was necessary in TPC §46.03(c)(1) to adopt the definition of “premises� found in TPC §46.035(f)(3). If the definition of “premises� had applied to all of Ch. 46, then this wouldn’t have been necessary.

The reason I have not pushed for adopting the “school� definition found in §46.11(c)(2) is because it includes private elementary or secondary schools. I am promoting an amendment that would make §46.03(a)(1) apply only to public primary and secondary schools; private schools would be able to prohibit carrying by using TPC §30.06. (Private schools are sometimes difficult to identify, so a 30.06 sign would remove any uncertainty, as well as return control of the property to the property owner.)

All this said, as txinvestigator noted, since “school� isn’t defined anywhere else in the Penal Code (it is in the Health & Safety Code and we don’t like it), I think the combination of “common usage� and the statutory definition found in TPC §46.11(c)(1) would make it entirely reasonable for me to interpret a “school� to be a primary or secondary school.

Chas.

[stevie_d_64]

So correct me if I am wrong, but when you include the language like "common usage", if a "school" by this definition, would that usage usurp the entire facility or "structure" that the school is in, even if the school only occupies one part of the "structure"???

Example...

My tax guy has an office on the 3rd floor of a building (structure) in Clear Lake, and on the first and second floors (of the same building/structure), there is a "school" for the gifted...

I guess that means I should leave the firearm locked in my vehicle (in the parking lot) if I have to conduct my lawful business inside the "structure"???

This is something very fundamental that I have always thought was the legal parameters I believed we should be adhearing to...

[Kalrog]

No you should not need to lock up your handgun. And the reason for that is based on the definition of premises. Specifically... building or portion of a building... So only the portion of the building used by the school is off limits.

[GKings1]

So does an institute of higher learning (university) fall under the definition of a school or not? I read 46.03 and 46.035 again and am not sure. From what I understand thus far is that an universtiy is implied to be a school and that Texas case law supports this (going from memory from the CHL class).

[txinvestigator]

So does an institute of higher learning (university) fall under the definition of a school or not? I read 46.03 and 46.035 again and am not sure. From what I understand thus far is that an universtiy is implied to be a school and that Texas case law supports this (going from memory from the CHL class).

Yes it does.