austin-tatious wrote:I found this thread so far to be confusing.[/url]
I'm not surprised. There's plenty of opinion spouted in this thread but precious little reference to the actual statutes.
austin-tatious wrote:It's understood IANAL.
OK, but at least you have enough sense to quote the statutes.
austin-tatious wrote:*PC$46.035(c) 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, at any meeting of a governmental
entity.
**PC$46.035(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.
So this means that unless a meeting is properly posted, you may enter concealed. Improper signage, such as the OP cited, has no authority under the law.
austin-tatious wrote:***PC$30.06(e) It is an exception to the application of this section that the property
on which the license holder cames 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.
This means that governmental entities
cannot bar licensed carriers. There are exceptions in other parts of the statutes, such as jails, courthouses, prisons and properly posted meetings.
The crux of the disagreement here seems to be what constitutes a meeting under the law. The meaning of the word meeting is not defined in 46.035. In the Government Code a meeting is defined as is a governmental body. I've highlighted the relevant sections.
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS
SUBTITLE A. OPEN GOVERNMENT
CHAPTER 551. OPEN MEETINGS
SUBCHAPTER A. GENERAL PROVISIONS
This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296 and S.B. 679, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 551.001. DEFINITIONS. In this chapter:
(1) "Closed meeting" means a meeting to which the public does not have access.
(2) "Deliberation" means a verbal exchange during a meeting between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business.
(3) "Governmental body" means:
(A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members;
(B) a county commissioners court in the state;
(C) a municipal governing body in the state;
(D) a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality;
(E) a school district board of trustees;
(F) a county board of school trustees;
(G) a county board of education;
(H) the governing board of a special district created by law;
(I) a local workforce development board created under Section 2308.253;
(J) a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; and
(K) a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code.
(4) "Meeting" means:
(A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or
(B) except as otherwise provided by this subdivision, a gathering:
(i) that is conducted by the governmental body or for which the governmental body is responsible;
(ii) at which a quorum of members of the governmental body is present;
(iii) that has been called by the governmental body; and
(iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control.
The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, or press conference.
The term includes a session of a governmental body.
(5) "Open" means open to the public.
(6) "Quorum" means a majority of a governmental body, unless defined differently by applicable law or rule or the charter of the governmental body.
Text of subdivision as added by Acts 2013, 83rd Leg., R.S., Ch. 87 (S.B. 471), Sec. 1
So the Tax Assessors Board is a governmental entity and an appeals hearing is a meeting. The problem with this one is that it was not properly signed, so carrying at the hearing would have been perfectly legal.
On a side note, it's interesting to me that you can legally carry in the legislative sessions as well as committee hearings, and I would certainly consider those meetings. I don't know if the legislature specifically exempted themselves or simply chose not to post to set an example for others.
