TexasCHLforum.com

Under 30.06 in the penal code, it reads
"It is an exception to the application of this section that the property on which the license holder carries 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"

My question, is what is the definition of "governmental entity"? Cities, Counties, State? There is no definition in the code.

per http://definitions.uslegal.com/g/government-entity/" onclick="window.open(this.href);return false;
"the term government entity means “an agency, instrumentality, or other entity of Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities).”

Local government sounds like counties/cities to me, but I just wanted to check.

I know a friend who went to the Houston Museum the other day, and it is posted with what looked like proper 30.06 signs from his description, but I told him that they were unenforceable because the property is owned by the city (I verified via hcad.org). Just wanted to be sure that I was giving proper information. Thanks.

All of the above. A grey area is schools, but they are specifically prohibited by statute. They say they are or are not a government entity when it suits them. That may only become relevant if the statutory prohibition is removed.

C-dub wrote:All of the above. A grey area is schools, but they are specifically prohibited by statute. They say they are or are not a government entity when it suits them. That may only become relevant if the statutory prohibition is removed.

If they collect taxes they are a governmental entity.

gljjt wrote:

C-dub wrote:All of the above. A grey area is schools, but they are specifically prohibited by statute. They say they are or are not a government entity when it suits them. That may only become relevant if the statutory prohibition is removed.

If they collect taxes they are a governmental entity.

They try to play both sides of the fence but they are without doubt a Government body. Charter schools do not collect taxes so they would not be.

A very inclusive list based on the US census definitions is here.
School districts are definitely .gov entities.

https://www.census.gov/govs/go/definitions.html#l

I just wonder if this has been documented anywhere in the course of Texas law/court cases.
"If they collect taxes, they are a government entity" does make the most sense to me.

locke_n_load wrote:I just wonder if this has been documented anywhere in the course of Texas law/court cases.
"If they collect taxes, they are a government entity" does make the most sense to me.

Not sure I fully agree. If this were the case, then my HOA could be considered a government entity. If I fail to pay my annual assessment, then they can use the force of law to take my home away from me. They take my tax money and provide services (trash pickup, contract constable patrol, etc.). By a LONG stretch of the imagination, I could argue that they are a de facto government agency, if not one in reality.

Vol Texan wrote:

locke_n_load wrote:I just wonder if this has been documented anywhere in the course of Texas law/court cases.
"If they collect taxes, they are a government entity" does make the most sense to me.

Not sure I fully agree. If this were the case, then my HOA could be considered a government entity. If I fail to pay my annual assessment, then they can use the force of law to take my home away from me. They take my tax money and provide services (trash pickup, contract constable patrol, etc.). By a LONG stretch of the imagination, I could argue that they are a de facto government agency, if not one in reality.

Then we get into the philosophy of a tax-fee-fine discussion. And we know how that last one turned out.

locke_n_load wrote:I just wonder if this has been documented anywhere in the course of Texas law/court cases.
"If they collect taxes, they are a government entity" does make the most sense to me.

Collecting taxes is NOT the only requirement. For example, the Trinity River Water District is a government entity, with representatives elected by the people within their district. They do no tax, but they do have the power of eminent domain, police powers around their lakes, etc.

The Watershed and Water Conservation Districts are another non-taxing entity that are governmental entities.

I'll take a wild shot at the original question. I believe that a governmental entity would be a body or agency that is created either by statute or by appointment and is majority funded through direct or indirect taxation.

I didn't mean to imply that you have to tax tho be a governmental entity, but if you tax you are a governmental entity. HOAs don't tax, they collect fees for service you agreed to when you moved in. Aren't the board members elected within the HOAs administration and not under the county clerk's control. They are non government.

Vol Texan wrote:

locke_n_load wrote:I just wonder if this has been documented anywhere in the course of Texas law/court cases.
"If they collect taxes, they are a government entity" does make the most sense to me.

Not sure I fully agree. If this were the case, then my HOA could be considered a government entity. If I fail to pay my annual assessment, then they can use the force of law to take my home away from me. They take my tax money and provide services (trash pickup, contract constable patrol, etc.). By a LONG stretch of the imagination, I could argue that they are a de facto government agency, if not one in reality.

They can only place a lean against your home, like any other creditor. This can ultimately result in foreclosure if not resolved. HOA dues are not government taxes.