Texas HHSC New Gun Sign Law Goes into Effect

[O.F.Fascist]

Thought this might be of interest to some here, Texas Health and Human Services Commission (HHSC) posted this on the agency intranet.

New Gun Sign Law Goes into Effect
Effective Sept. 1, a new state law will prohibit the use of signs by state agencies that bar concealed handgun license holders from carrying firearms into government buildings.

Senate Bill 273, which the Texas Legislature approved in its most recent session, prohibits government agencies from posting notice signs known as 30.06 at their facilities. This notice signs can result in an investigation by the attorney general followed by a $1,000 or more fine per violation, per day.

HHS employees who work at state-owned facilities and see signs instructing the public not to bring their firearms into the building should inform their supervisor so they can contact HHSC facilities management to remove the signs.

Private property owners who lease or rent their building to state agencies can lawfully post the 30.06 sign, but state employees cannot post the sign.

What is HHS policy on firearms?
All HHS employees, including those with a CHL license, under Chapter 411, Texas Government Code, are prohibited from carrying firearms and other weapons:

•on any premises owned, leased or operated by an HHS agency; or
•in any agency-owned vehicles.

Are there any exceptions to this new law?
One narrow condition prohibits CHL holders from carrying firearms into publicly noticed meetings of governing bodies or advisory committees. No other kinds of meetings are covered by this exception. Due to the narrow restrictions, agency leadership will advise staff involved in those meetings whether to pursue the requirements to obtain this exception’s force of law.

For questions about this policy, email gunlaws@hhsc.state.tx.us

[MeMelYup]

Thought this might be of interest to some here, Texas Health and Human Services Commission (HHSC) posted this on the agency intranet.

New Gun Sign Law Goes into Effect
Effective Sept. 1, a new state law will prohibit the use of signs by state agencies that bar concealed handgun license holders from carrying firearms into government buildings.

Senate Bill 273, which the Texas Legislature approved in its most recent session, prohibits government agencies from posting notice signs known as 30.06 at their facilities. This notice signs can result in an investigation by the attorney general followed by a $1,000 or more fine per violation, per day.

HHS employees who work at state-owned facilities and see signs instructing the public not to bring their firearms into the building should inform their supervisor so they can contact HHSC facilities management to remove the signs.

Private property owners who lease or rent their building to state agencies can lawfully post the 30.06 sign, but state employees cannot post the sign.

What is HHS policy on firearms?
All HHS employees, including those with a CHL license, under Chapter 411, Texas Government Code, are prohibited from carrying firearms and other weapons:

•on any premises owned, leased or operated by an HHS agency; or
•in any agency-owned vehicles.

Are there any exceptions to this new law?
One narrow condition prohibits CHL holders from carrying firearms into publicly noticed meetings of governing bodies or advisory committees. No other kinds of meetings are covered by this exception. Due to the narrow restrictions, agency leadership will advise staff involved in those meetings whether to pursue the requirements to obtain this exception’s force of law.

For questions about this policy, email gunlaws@hhsc.state.tx.us

I question the red part.

[Charles L. Cotton]

Thought this might be of interest to some here, Texas Health and Human Services Commission (HHSC) posted this on the agency intranet.

New Gun Sign Law Goes into Effect
Effective Sept. 1, a new state law will prohibit the use of signs by state agencies that bar concealed handgun license holders from carrying firearms into government buildings.

Senate Bill 273, which the Texas Legislature approved in its most recent session, prohibits government agencies from posting notice signs known as 30.06 at their facilities. This notice signs can result in an investigation by the attorney general followed by a $1,000 or more fine per violation, per day.

HHS employees who work at state-owned facilities and see signs instructing the public not to bring their firearms into the building should inform their supervisor so they can contact HHSC facilities management to remove the signs.

Private property owners who lease or rent their building to state agencies can lawfully post the 30.06 sign, but state employees cannot post the sign.

What is HHS policy on firearms?
All HHS employees, including those with a CHL license, under Chapter 411, Texas Government Code, are prohibited from carrying firearms and other weapons:

•on any premises owned, leased or operated by an HHS agency; or
•in any agency-owned vehicles.

Are there any exceptions to this new law?
One narrow condition prohibits CHL holders from carrying firearms into publicly noticed meetings of governing bodies or advisory committees. No other kinds of meetings are covered by this exception. Due to the narrow restrictions, agency leadership will advise staff involved in those meetings whether to pursue the requirements to obtain this exception’s force of law.

For questions about this policy, email gunlaws@hhsc.state.tx.us

I question the red part.

The red part is wrong and TPC §30.06(e) is abundantly clear.

Chas.

[JALLEN]

Thought this might be of interest to some here, Texas Health and Human Services Commission (HHSC) posted this on the agency intranet.

New Gun Sign Law Goes into Effect
Effective Sept. 1, a new state law will prohibit the use of signs by state agencies that bar concealed handgun license holders from carrying firearms into government buildings.

Senate Bill 273, which the Texas Legislature approved in its most recent session, prohibits government agencies from posting notice signs known as 30.06 at their facilities. This notice signs can result in an investigation by the attorney general followed by a $1,000 or more fine per violation, per day.

HHS employees who work at state-owned facilities and see signs instructing the public not to bring their firearms into the building should inform their supervisor so they can contact HHSC facilities management to remove the signs.

Private property owners who lease or rent their building to state agencies can lawfully post the 30.06 sign, but state employees cannot post the sign.

What is HHS policy on firearms?
All HHS employees, including those with a CHL license, under Chapter 411, Texas Government Code, are prohibited from carrying firearms and other weapons:

•on any premises owned, leased or operated by an HHS agency; or
•in any agency-owned vehicles.

Are there any exceptions to this new law?
One narrow condition prohibits CHL holders from carrying firearms into publicly noticed meetings of governing bodies or advisory committees. No other kinds of meetings are covered by this exception. Due to the narrow restrictions, agency leadership will advise staff involved in those meetings whether to pursue the requirements to obtain this exception’s force of law.

For questions about this policy, email gunlaws@hhsc.state.tx.us

I question the red part.

The red part is wrong and TPC §30.06(e) is abundantly clear.

Chas.

So, if a property owner leases, say, office space to a state agency, the agency at not post a 30.06 sign, and neither may the owner at least for the time the state agency is in possession?

[Charles L. Cotton]

Thought this might be of interest to some here, Texas Health and Human Services Commission (HHSC) posted this on the agency intranet.

New Gun Sign Law Goes into Effect
Effective Sept. 1, a new state law will prohibit the use of signs by state agencies that bar concealed handgun license holders from carrying firearms into government buildings.

Senate Bill 273, which the Texas Legislature approved in its most recent session, prohibits government agencies from posting notice signs known as 30.06 at their facilities. This notice signs can result in an investigation by the attorney general followed by a $1,000 or more fine per violation, per day.

HHS employees who work at state-owned facilities and see signs instructing the public not to bring their firearms into the building should inform their supervisor so they can contact HHSC facilities management to remove the signs.

Private property owners who lease or rent their building to state agencies can lawfully post the 30.06 sign, but state employees cannot post the sign.

What is HHS policy on firearms?
All HHS employees, including those with a CHL license, under Chapter 411, Texas Government Code, are prohibited from carrying firearms and other weapons:

•on any premises owned, leased or operated by an HHS agency; or
•in any agency-owned vehicles.

Are there any exceptions to this new law?
One narrow condition prohibits CHL holders from carrying firearms into publicly noticed meetings of governing bodies or advisory committees. No other kinds of meetings are covered by this exception. Due to the narrow restrictions, agency leadership will advise staff involved in those meetings whether to pursue the requirements to obtain this exception’s force of law.

For questions about this policy, email gunlaws@hhsc.state.tx.us

I question the red part.

The red part is wrong and TPC §30.06(e) is abundantly clear.

Chas.

So, if a property owner leases, say, office space to a state agency, the agency at not post a 30.06 sign, and neither may the owner at least for the time the state agency is in possession?

Correct.

Chas.

(e) 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.

[RetNavy]

as my wife works for HHSC this was a very informative, especially the part about private building leasing.. the building she works in is a leased building and i carried into her work various times....

the part about the premises to me needs to be more defined.... as there are two definitions used in the penal code for premises.... one that covers just buildings and the other that covers property....

my wife will not keep a weapon in her car as long as their policy says premises

either way as to me no matter what the commision uses as premises, as a CHL holder entering a govt building is lawful and having a weapon in the vehicle is still okay due to the parking lot law...

RetNavy

read the post again and at the bottom where it is stated about govt and advisory meetings, i think a better definition would also be required... as most govt meetings are for passage of laws and ordinances and advisory meetings are in support of govt meetings, i think he is trying to find a loophole in the law.... my wife is on an advisory board for a new program, and most of thier meetings are in hotel conference rooms, due to members from all over the state... they can make the room 30.06 if its applicable but not the whole building.... my thoughts

[Eric Lamberson]

I've always found it curious that Texas Government agencies prohibit employees with CHLs from carrying firearms. The Texas Comptroller and a few others come to mind. Is it an issue of liability?

[TexasJohnBoy]

It makes no sense that a governmental entity that is forbidden from posting a 30.06 can legally prohibit employees from exercising the right that said entity cannot limit with a 30.06.

Am I drunk or does this not make sense to others?

[Charles L. Cotton]

It makes no sense that a governmental entity that is forbidden from posting a 30.06 can legally prohibit employees from exercising the right that said entity cannot limit with a 30.06.

Am I drunk or does this not make sense to others?

I agree with you. Their abuse of TPC §30.06 is what lead to subsection (e) (SB501 in 2003) prohibiting their use of TPC §30.06, but there are not enough votes to allow all governmental employees to carry while at work.

Chas.

[Charles L. Cotton]

I need to follow-up on the issue of a governmental entity leasing an office in a privately owned building. The governmental agency/entity cannot post a 30.06 sign on their portion of the building. That could not be more clear in TPC §30.06(e). Neither can the private property owner. However, nothing stops the property owner from posting their building and other property with 30.06 signs, thus making it impossible for a CHL to legally reach the governmental entity/agency office. They could even post the hallway leading to the governmental office. None of this is practical unless the private property owner wants to ban carry on all of its property/building.

Chas.

[mojo84]

I bet some would argue it comes down to whether the government entity is the property owner leasing to a private entity or whether the government entity is the tenant leasing from a private property owner.

(just thinking out loud)

[Charles L. Cotton]

I bet some would argue it comes down to whether the government entity is the property owner leasing to a private entity or whether the government entity is the tenant leasing from a private property owner.

(just thinking out loud)

Some have argued that already, but now that there's a huge daily fine at risk, we'll see how strongly they believe it. The law is clear, if the property is owned by a governmental agency/entity, then it cannot be posted even if it is leased to a private person. If it is leased by a governmental agency/entity from a private party, it still cannot be posted. It will cost a governmental agency/entity up to $10,000 per day per sign to gamble. Guessing wrong will cost the agency head their job.

Chas.

[mojo84]

Would love to be able to see it myself. I don't even think they should have gunbuster signs up. Shouldn't try to bluff the citizens.

[PvilleStang]

So I work with one of the 5 agencies in the Texas HHS family. And their policy states we cannot carry at work, but there's no legal implications. Right to work and whatnot. My irritation is that post they put out in the intranet (in our weekly HHSC Connection newsletter) was stating a law went into effect that's been on the books at least 6-7 years.

Now take this into consideration. The state agencies lease most of their buildings, but they're leased from the Texas Facilities Commission (another state agency that owns many of these properties). So state leasing back from the state == state owned facilities which makes it illegal for them to post gun busters signs.

And to tack on insult to injury, we have ARMED security that is contracted to Veteran's Security of America (which employs a bunch of middle easterners) and frankly half the ones that are armed I'm more worried about than anyone.

[ELB]

It makes no sense that a governmental entity that is forbidden from posting a 30.06 can legally prohibit employees from exercising the right that said entity cannot limit with a 30.06.

Am I drunk or does this not make sense to others?

I agree with you. Their abuse of TPC §30.06 is what lead to subsection (e) (SB501 in 2003) prohibiting their use of TPC §30.06, but there are not enough votes to allow all governmental employees to carry while at work.

Chas.

I missed this thread earlier, so I am commenting a bit late, but I think it would be interesting for someone to survey the heads of each Texas government agency, especially elected heads, as to whether they permit their employees with CHLs to carry or not, and if not, why not. This would be useful information at election time. The Texas RRC and the Land Office have long permitted and encouraged CHL carry, and I don't know of any problems with that whatsoever.