On the CHL Web Site

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Texas Department of Public Safety
Regulatory Services Division
http://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 believe the 30.06/30.07 statute is very specific in its' wording. Is this saying the individual court can determine what they believe the law means?

[Keith B]

What they are saying is they are not in the position to make a legal call on the statute. Without a test case or AG ruling, then it is going up in the air as far as if the courts decide notice was given if it didn't meet the statute requirements.