TexasCHLforum.com

With this background, I respectfully request an opinion concerning the questions set out below.

QUESTION 1:
If a public College designates a meaningful number of classrooms as areas in which the possession of
concealed handguns by Licensees is not allowed, has the College violated that provision in the Act that
states "[t]he president or officer may not establish provisions that generally prohibit or have the effect
of generally prohibiting license holders from carrying concealed handguns on the campus of the
institution[?]"

QUESTION 2:
If a public College allows individual professors to designate their classrooms as areas in which the
possession of concealed handguns by Licensees is not allowed, has the College violated that provision in
the Act that states "[t]he president or officer may not establish provisions that generally prohibit or
have the effect of generally prohibiting license holders from carrying concealed handguns on the
campus of the institution[?]"

QUESTION 3:
If the rules established by a public College relating to College dormitories and/or other college-owned or
leased residential housing go beyond reasonable storage requirements and prohibit or effectively
prohibit the possession of handguns in those locations, has the College violated the Act?

QUESTION 4:
If, on a temporary basis, a College prohibits the carrying of handguns by Licensees on all or most of the
campus, has. the College violated the portion of the Act that prohibits a College from establishing rules
"that generally prohibit or have the effect of generally prohibiting license holders from carrying
concealed handguns on the campus of the institution[?]"

QUESTION 4.1:
If, on a temporary basis, a College prohibits the carrying of handguns by Licensees on certain portions
of the campus, has the College violated the portion of the Act that requires Colleges to "widely distribute
the rules, regulations, or other provisions described by Subsection (d-1) to the institution's students,
staff, and/acuity, including by prominently publishing the provisions on the institutions' Internet
website[?]"

QUESTION 5:
If a Licensee reasonably believes that a public College has exceeded its authority granted under the Act,
or that it has taken regulatory action without meeting the procedural requirements of the Act, does the
Licensee have standing to bring an action?

QUESTION 6:
If the answer to Questions 1, 2, 3 or 4 is in the affirmative, does the newly created offense found in TEX.
PENAL CODE Ann. §46.035(a-3) apply to a Licensee carrying a concealed handgun, in spite of the public
College's failure to comply with the Act?

stash wrote:Thanks J. R.

TexasJohnBoy wrote:Aren't most public colleges considered state agencies?

JALLEN wrote:

TexasJohnBoy wrote:Aren't most public colleges considered state agencies?

I don't think so. Not in the same category as the Supreme Court, DPS, DOT, the other bureaus. The Texas State Archives and Library Commission has a website which purports to list all Texas State Agencies. I did not find the universities listed there.

koine2002 wrote:

TexasJohnBoy wrote:Aren't most public colleges considered state agencies?

Even if they were I don't think it'd be binding. The AG is the chief prosecutor of the state. It would appear to function more as guideline for district attorneys' offices than it would really anything else. Of course, I could be completely wrong, too.