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HB Parking Lot Bill and It's Relation to Campus Carry ?

Posted: Thu Feb 24, 2011 11:34 pm
by Piney
As an employee of a State Higher Education Institution, when the parking lot bill passes and should the campus carry bill not-- how would that effect my ability to store my concealed firearm in my vehicle in a institution-owned employee only parking garage ?

Re: HB Parking Lot Bill and It's Relation to Campus Carry ?

Posted: Fri Feb 25, 2011 5:16 pm
by TexasTony
As I read the current penal code it seems like storing in your vehicle is OK in institutions of Higher Education. You just can't take into building ("premise").

The following is verbage from the new proposed bill.
Section 52.061 does not:
....
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code; or
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease executed before September 1, 2011, that contains a provision prohibiting the possession of firearms on the property.


It doesn't look like exemption applies to Higher Ed institutions. I could be reading it wrong.

Re: HB Parking Lot Bill and It's Relation to Campus Carry ?

Posted: Fri Feb 25, 2011 6:16 pm
by Keith B
The way I read the text, if HB 681 or SB 321 pass, unless they can be defined as a school district, then it would not apply to a state funded university. However, I am not a lawyer, so my interpretation may not be valid.

Re: HB Parking Lot Bill and It's Relation to Campus Carry ?

Posted: Fri Feb 25, 2011 6:27 pm
by jmra
TexasTony wrote:As I read the current penal code it seems like storing in your vehicle is OK in institutions of Higher Education. You just can't take into building ("premise").

The following is verbage from the new proposed bill.
Section 52.061 does not:
....
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code; or
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease executed before September 1, 2011, that contains a provision prohibiting the possession of firearms on the property.
It doesn't look like exemption applies to Higher Ed institutions. I could be reading it wrong.
Well, as a JH teacher I might as well paint a bulls eye on my back.

Re: HB Parking Lot Bill and It's Relation to Campus Carry ?

Posted: Fri Feb 25, 2011 9:39 pm
by srothstein
Keith B wrote:The way I read the text, if HB 681 or SB 321 pass, unless they can be defined as a school district, then it would not apply to a state funded university. However, I am not a lawyer, so my interpretation may not be valid.
But the caution here might be that some community colleges can be defined as school districts. For example, San Antonio College is operated by teh Alamo Community College District. Is a college a school?