State Agency Restricting Carry

[troglodyte]

I work at a General Residential Operation better known as a children's home (orphanage to some). We are under contract with the Texas Department of Family Protective Services which, in turn, is under Texas Health and Human Services.

Our current handbook states that carry is not allowed but there is interest in changing this policy. While researching the State standards and asking around, the only place handguns are mentioned are under Texas Administrative Code, Title 26, Part 1, Chapter 748, Subchapter Q, Division 6, Rule 748.3931(1)

Texas Administrative Code

TITLE 26 HEALTH AND HUMAN SERVICES
PART 1 HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 748 MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER Q RECREATION ACTIVITIES
DIVISION 6 WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES
RULE §748.3931 Are weapons, firearms, explosive materials, and projectiles permitted at my operation?
Generally, weapons, firearms, explosive materials, and projectiles (such as darts or arrows) are permitted; however, there are some specific restrictions:

(1) Handguns are not permitted at an operation or during any type of activity;
(2) A child receiving treatment services or emergency care services is not permitted to use weapons, firearms, explosive materials, or projectiles, or toys that explode or shoot (such as fireworks or BB guns);
(3) If you allow weapons, firearms, explosive materials, projectiles, or toys that explode or shoot, you must ensure children do not have unsupervised access to them by implementing specific precautions outlined in your polices, including locked storage and separate locked storage for the weapons and ammunition;
(4) You must determine it is appropriate for a child receiving only child-care services to use the weapons, firearms, explosive materials, projectiles, or toys that explode or shoot; and
(5) No child may use a weapon, firearm, explosive material, projectile, or toy that explodes or shoots, unless the child is directly supervised by a qualified adult. A qualified adult must hold a generally recognized credential or possess documented knowledge and/or experience in the type of the weapon, firearm, explosive material, projectile, or toy that explodes or shoots that is to be used by the child.
Source Note: The provisions of this §748.3931 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909

My limited understanding of the way laws are written is any restrictions are only subject to the subchapter they are under unless otherwise stated.

My questions are: Does the restriction of handguns only apply to Recreational Activities? If the restriction can be applied globally, can a State agency place said restrictions on private organizations that are under contract with the State agency if that organization is willing to allow licensed individuals to carry?

I realize that this may be more of a legal matter and most on here are not lawyers. I am not under the supposition that anything discuss will be legal advice. I do know there are a lot of smart people that can help me understand what I am reading. Then I can see what might be done to investigate change, if needed or is possible.

[Caliber]

Is the 'handbook" your employee handbook?

[troglodyte]

Is the 'handbook" your employee handbook?

Yes, the Handbook is our employee handbook, which we are investigating the possibility changing to allow LTCs to carry.

The Texas Statute is under the Health and Human Services

[flechero]

If the restriction can be applied globally, can a State agency place said restrictions on private organizations that are under contract with the State agency if that organization is willing to allow licensed individuals to carry?

I work for a business that is under contract by the State, however, the agency I work with allows LTC's to carry so no issues yet...

I hope you guys get the change!

[chasfm11]

After Open Carry passed, I was copied on an email from the organization in Texas which licenses nursery schools. I wish that I had kept a copy of it but the best that I could remember was:

1. They never allowed carry of firearms, licensed or unlicensed in any nursery school. They were reconfirming that position in light of open carry. I wrote back to them, asking under what authority they could do that and was told "the administrative code" with no specific reference to section/paragraph. The church who sponsored the nursery school did not want me to pursue the matter further, fearing retribution. That, in and of itself is a huge problem for me. State agencies should NEVER be allowed retribution against any one that they are supposed to be working with.
2. In the email, they specifically mentioned 3006 and 3007 signs and recommended their use. I find this interesting since the nursery school is only small part of that particular church. There would have been no way to hang signs just covering the school without doing it for the whole church and it was impractical to take down the signs when nursery school wasn't in session.
3. I ended up recommending that the nursery school leader include the 3006 language in the parents handbook - which all parents have to sign saying they've read and pointing to that if the subject ever came up during a physical review. That organization did physical reviews of the nursery facility (and had never before said anything about firearms signs) but did write the school up for not having deep enough loose material around the playground equipment. There is a specification in inches of how deep it must be.