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

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

#1

Post by Flightmare » 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
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ScottDLS
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Re: Carry inside the gallery or in a hearing at the Texas Capitol

#2

Post by ScottDLS » 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.
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Re: Carry inside the gallery or in a hearing at the Texas Capitol

#3

Post by Flightmare » 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!
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Charles L. Cotton
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Re: Carry inside the gallery or in a hearing at the Texas Capitol

#4

Post by Charles L. Cotton » Fri Sep 06, 2019 10:06 am

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

#5

Post by Flightmare » Fri Sep 06, 2019 10:15 am

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!
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SRO1911
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Re: Carry inside the gallery or in a hearing at the Texas Capitol

#6

Post by SRO1911 » Fri Sep 06, 2019 7:47 pm

This has come up ONCE in our little town, a newly elected council member asked why the building wasn't posted.
Our mayor responded that he would then move the meetings to the street and mail his bills in.
I know 4 of our members and 2\3rds of the staff carry, I'm fairly sure about a few of the others but it's never come up. All of my staff does, and have written permission to carry in our court from the judge (multiple copies just in case).
It is up to the individual governing body how abrasive they behave - letter of the law is permissive.
When any govt, or church,says This you can't read, are forbidden to know, the result is tyranny and oppression. Little force is needed to control a man who has been hoodwinked; no force can control a free man, not the rack, bombs, not anything, you can't conquer a free man, at most you can kill him.

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