On the Texas CHL website

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exas Department of Public Safety
Regulatory Services Division
www.dps.texas.gov

House Bill 910: Open Carry & Trespass Signage for Private Property Owners

DPS has received numerous inquiries regarding the interpretation of House Bill 910 (84th Legislative Session), and
specifically its amendments to the provisions on trespass by license holders, Texas Penal Code §30.06 and §30.07. The
questions include whether the signs can be combined, whether the signs must be posted in a particular manner or at
specific locations on the property, and whether they must be posted in both English and Spanish in order to be effective.
The determining factor is whether the license holder received notice that possession of a handgun on the property was
forbidden. Whether notice was received is a legal question dependent on the specific factual circumstances and the
legal judgment of a court of law, and cannot be addressed by DPS.However, HB 910 does provide the following, effective January 1, 2016:
The “30.06” sign is used to prohibit the possession by a license holder of a concealed handgun on private property. This
sign must include the language below in both English and Spanish; appear in contrasting colors with block letters at least
one inch in height; and be displayed in a conspicuous manner clearly visible to the public.
"Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed
handgun.”
The “30.07” sign is used to prohibit the possession by a license holder of an openly carried handgun. This sign must
include the language below in both English and Spanish; appear in contrasting colors with block letters at least one inch
in height; and be displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
"Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed
under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a
handgun that is carried openly"

I guess this means that every criminal court in Texas can determine what the statute really means.

[Teamless]

double posted

but, for your last statement, that is how each and every law is determined.
Remember, the executive branch makes laws, and does the arresting if a crime has been deemed to have been committed

the Judicial branch interprets the laws and then decides guilt / innocence

[Charles L. Cotton]

While courts are the final arbiter, the express language of the law cannot be ignored by the courts. The determining factor is whether all elements of the crime are present and, among them, is the very specific requirements of a sign posted pursuant to TPC §30.06 or §30.07. We drafted TPC §30.06 (HB2909 - 1997) so that "close does not count" and that's why the Code expressly states "identical to the following" then puts the required language in quotation marks.

I understand why DPS will not give a legal opinion.

Chas.

[thetexan]

Note the interesting difference between the 30.06 and 30.07 requirements.

With the 30.06, the sign must simply be conspicuously displayed and visible to the public. A giant billboard on the grounds of a mall with 30.06 language which is clearly visible to the public would fulfill this requirement. There is no requirement to be posted at multiple locations or at any entrance.

The 30.07 specifically and additionally add the element requiring posting at the entrance.

tex