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Carry inside the gallery or in a hearing at the Texas Capitol

Posted: Thu Sep 05, 2019 11:46 pm
by Flightmare
So I was having a conversation with one of my new city council members about prohibited places. He mentioned he was trying to see what he could do to remove those ugly 30.06/30.07 signs at city hall when he's there for council meetings. I told him I agreed and that the signs should ONLY be posted during meetings, and by law (fines for signs) be taken down when meetings were not being held.

I brought up that they allow carry in the capitol down in Austin. He said that based on what he reads in the PC, the gallery and hearings would be prohibited. So I reviewed the code and it says the following;
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 or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
Okay, so if it's a meeting open to the public, and subject to chapter 551, Government Code, it would be prohibited. Here is my question, and it seems fairly straight forward;
551.001 (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;
To me, that confirms what my city council member told me, that carry in the gallery and in hearings is prohibited. I'm no lawyer, but am I reading this correct?

https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
https://statutes.capitol.texas.gov/Docs ... 51.htm#551

Re: Carry inside the gallery or in a hearing at the Texas Capitol

Posted: Thu Sep 05, 2019 11:58 pm
by ScottDLS
Flightmare wrote: Thu Sep 05, 2019 11:46 pm So I was having a conversation with one of my new city council members about prohibited places. He mentioned he was trying to see what he could do to remove those ugly 30.06/30.07 signs at city hall when he's there for council meetings. I told him I agreed and that the signs should ONLY be posted during meetings, and by law (fines for signs) be taken down when meetings were not being held.

I brought up that they allow carry in the capitol down in Austin. He said that based on what he reads in the PC, the gallery and hearings would be prohibited. So I reviewed the code and it says the following;
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 or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
Okay, so if it's a meeting open to the public, and subject to chapter 551, Government Code, it would be prohibited. Here is my question, and it seems fairly straight forward;
551.001 (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;
To me, that confirms what my city council member told me, that carry in the gallery and in hearings is prohibited. I'm no lawyer, but am I reading this correct?

https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
https://statutes.capitol.texas.gov/Docs ... 51.htm#551
Only if posted.


(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 or 30.07.

Re: Carry inside the gallery or in a hearing at the Texas Capitol

Posted: Fri Sep 06, 2019 12:05 am
by Flightmare
ScottDLS wrote: Thu Sep 05, 2019 11:58 pm
Flightmare wrote: Thu Sep 05, 2019 11:46 pm So I was having a conversation with one of my new city council members about prohibited places. He mentioned he was trying to see what he could do to remove those ugly 30.06/30.07 signs at city hall when he's there for council meetings. I told him I agreed and that the signs should ONLY be posted during meetings, and by law (fines for signs) be taken down when meetings were not being held.

I brought up that they allow carry in the capitol down in Austin. He said that based on what he reads in the PC, the gallery and hearings would be prohibited. So I reviewed the code and it says the following;
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 or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
Okay, so if it's a meeting open to the public, and subject to chapter 551, Government Code, it would be prohibited. Here is my question, and it seems fairly straight forward;
551.001 (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;
To me, that confirms what my city council member told me, that carry in the gallery and in hearings is prohibited. I'm no lawyer, but am I reading this correct?

https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
https://statutes.capitol.texas.gov/Docs ... 51.htm#551
Only if posted.


(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 or 30.07.
Okay, so it's okay...as long as they don't post signs, hand out cards, or provide oral notice during those events. Fair enough. Thankyou!

Re: Carry inside the gallery or in a hearing at the Texas Capitol

Posted: Fri Sep 06, 2019 10:06 am
by Charles L. Cotton
Flightmare wrote: Fri Sep 06, 2019 12:05 am
ScottDLS wrote: Thu Sep 05, 2019 11:58 pm
Flightmare wrote: Thu Sep 05, 2019 11:46 pm So I was having a conversation with one of my new city council members about prohibited places. He mentioned he was trying to see what he could do to remove those ugly 30.06/30.07 signs at city hall when he's there for council meetings. I told him I agreed and that the signs should ONLY be posted during meetings, and by law (fines for signs) be taken down when meetings were not being held.

I brought up that they allow carry in the capitol down in Austin. He said that based on what he reads in the PC, the gallery and hearings would be prohibited. So I reviewed the code and it says the following;
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 or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.
Okay, so if it's a meeting open to the public, and subject to chapter 551, Government Code, it would be prohibited. Here is my question, and it seems fairly straight forward;
551.001 (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;
To me, that confirms what my city council member told me, that carry in the gallery and in hearings is prohibited. I'm no lawyer, but am I reading this correct?

https://statutes.capitol.texas.gov/Docs ... /PE.46.htm
https://statutes.capitol.texas.gov/Docs ... 51.htm#551
Only if posted.


(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 or 30.07.
Okay, so it's okay...as long as they don't post signs, hand out cards, or provide oral notice during those events. Fair enough. Thankyou!
Correct. Both the House and Senate posted 30.06 signs one session and it caused a political backlash. The signs were not posted again, at least to my knowledge. I've never seen any signs since that one session several years ago.

Chas.

Re: Carry inside the gallery or in a hearing at the Texas Capitol

Posted: Fri Sep 06, 2019 10:15 am
by Flightmare
Thankyou very much for the feedback. I passed it along to my city council member. His response?
Awesome. Time to burn some more political capital
This is the type of elected official I'm happy to support!