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Re: 30.06 at School Lot Entrance Valid?

Posted: Sat May 01, 2010 11:01 pm
by karl
ScottDLS wrote:A few hundred yards away...? Y'all must have some pretty big school parking lots in Houston. :lol:

Then again, where I live the middle school cross country team jogs on a sidewalk that continues for close to 5 miles. I hope the whole sidewalk isn't off limits while they're on it.
Big school I went to: Aerial Photo

Re: 30.06 at School Lot Entrance Valid?

Posted: Sat May 01, 2010 11:21 pm
by Fangs
Ah, I stand corrected. :eek6

I don't walk into places with a valid 30.06 sign anyway, though I didn't realize that it was that serious.

Re: 30.06 at School Lot Entrance Valid?

Posted: Sat May 01, 2010 11:56 pm
by ScottDLS
Fangs wrote:Ah, I stand corrected. :eek6

I don't walk into places with a valid 30.06 sign anyway, though I didn't realize that it was that serious.
I agree with you on this. I don't violate a valid 30.06 notice either, but the school's notice isn't valid because it is owned by a government entity, and its parking lot is not otherwise a place prohibited by 46.03 or 46.035.

Re: 30.06 at School Lot Entrance Valid?

Posted: Sun May 02, 2010 10:12 am
by VoiceofReason
C-dub wrote:
There are some that say since the schools are funded by the government that they are a government facility and therefore, theoretically, can not be posted.
With all due respect, any issue will generate every possible opinion. Only the law and the opinions of the courts count.

An entity being funded by a government does not automatically make the property of that entity a government facility. Also the employees of that entity do not automatically become government employees. :tiphat:

Re: 30.06 at School Lot Entrance Valid?

Posted: Sun May 02, 2010 1:43 pm
by Keith B
VoiceofReason wrote:
C-dub wrote:
There are some that say since the schools are funded by the government that they are a government facility and therefore, theoretically, can not be posted.
With all due respect, any issue will generate every possible opinion. Only the law and the opinions of the courts count.

An entity being funded by a government does not automatically make the property of that entity a government facility. Also the employees of that entity do not automatically become government employees. :tiphat:
In this case, per Texas Local Government Code section 176.001 (3) a school district is a local government entity. See http://www.statutes.legis.state.tx.us/D ... tm#176.001" onclick="window.open(this.href);return false;

Re: 30.06 at School Lot Entrance Valid?

Posted: Sun May 02, 2010 2:10 pm
by VoiceofReason
Keith B wrote:
VoiceofReason wrote:
C-dub wrote:
There are some that say since the schools are funded by the government that they are a government facility and therefore, theoretically, can not be posted.
With all due respect, any issue will generate every possible opinion. Only the law and the opinions of the courts count.

An entity being funded by a government does not automatically make the property of that entity a government facility. Also the employees of that entity do not automatically become government employees. :tiphat:
In this case, per Texas Local Government Code section 176.001 (3) a school district is a local government entity. See http://www.statutes.legis.state.tx.us/D ... tm#176.001" onclick="window.open(this.href);return false;
At the time of my post, I considered including a disclaimer that I was not necessarily addressing this particular case, just making a general statement. I did not however, believe it was necessary, so I did not.

Two cases come to mind. Texas State Technical College receives both State and Federal funds, but is not a government facility.

The Cyclotron Institute at Texas A&M receives Federal funding but is not a Federal Facility. These are but two cases that readily come to mind. I am sure I could come up with better examples if I gave it a little more thought.

Re: 30.06 at School Lot Entrance Valid?

Posted: Sun May 02, 2010 2:16 pm
by ScottDLS
Keith B wrote:
VoiceofReason wrote:
C-dub wrote:
There are some that say since the schools are funded by the government that they are a government facility and therefore, theoretically, can not be posted.
With all due respect, any issue will generate every possible opinion. Only the law and the opinions of the courts count.

An entity being funded by a government does not automatically make the property of that entity a government facility. Also the employees of that entity do not automatically become government employees. :tiphat:
In this case, per Texas Local Government Code section 176.001 (3) a school district is a local government entity. See http://www.statutes.legis.state.tx.us/D ... tm#176.001" onclick="window.open(this.href);return false;
Excellent cite, Keith.

I was bumbling around the Texas Education Code trying to find the same thing. I now see there are multiple sections in the Local Government Code that define school districts as local government entities, as well as appraisal districts and other special districts. Now we have it cited in the Law.

-Scott