Houston Arboretum - government land or private?

[RHenriksen]

https://houstonarboretum.org/visitor-policies/

I was surprised to learn that the Houston Arboretum is posted 30.06/30.07; I thought the land was part & parcel of the larger Memorial Park. Does anyone know whether it really is private land, or is this a valid case for challenging the posting w. the state AG?

[rp_photo]

My guess is public or private, whichever is most convenient for them at the time. Ditto for the Zoo and some museum venues.

And I don't care for their photography policy either. As both a gun owner/CHL and a hobby photographer, I belong to two groups that often get the short end.

[minytrker]

According to what I read on the Arboretum's website they are owned by the city of Houston.

[Charles L. Cotton]

According to what I read on the Arboretum's website they are owned by the city of Houston.

Someone needs to file a notice with the City, then a complaint with the AG.

Chas.

[rp_photo]

Banning CC on the grounds of an urban forest is a real bad move IMHO, as a place like that can be a hotbed of illicit activity. And thieves will know that parked cars are even more likely to contain weapons.

[RHenriksen]

According to what I read on the Arboretum's website they are owned by the city of Houston.

Someone needs to file a notice with the City, then a complaint with the AG.

Chas.

I live close by. I'll stop there tomorrow to get pictures if there is any signage (and the gates are open on MLK day), and get the ball rolling. If there are no signs on site (or I can't get to them tomorrow) is the 30.06 notice on their website sufficient?

[RHenriksen]

No signs at the entrance, but visitor's center has both 30.06 & 30.07 signs. Have a pic.

[RHenriksen]

I've filled out all three forms, and faxed the notification letter (plus pic) to the attn of the exec. director of the Arboretum. Now to wait a few days, and visit again! This is fun

[RHenriksen]

Came by the Arboretum visitor's center to check: the 30.06 sign is gone, but the 30.07 sign is still up.

[locke_n_load]

Came by the Arboretum visitor's center to check: the 30.06 sign is gone, but the 30.07 sign is still up.

Apparently someone on their end read the law and followed up with removing the sign that can incur a penalty.
Would love for someone to OC past and tell them that they can't legally ban you or ask you to leave.

[RHenriksen]

Came by the Arboretum visitor's center to check: the 30.06 sign is gone, but the 30.07 sign is still up.

Apparently someone on their end read the law and followed up with removing the sign that can incur a penalty.
Would love for someone to OC past and tell them that they can't legally ban you or ask you to leave.

Yes, the form letter I used from the TFC website doesn't reference 30.06 or 30.07 signs exactly - just:

"I personally observed a sign posted on the Visitor’s Center of the Houston Arboretum located at 4501 Woodway Drive, Houston, Harris County, Texas, a photograph of which is attached to this affidavit as Exhibit 1. In direct violation of Tex. Gov’t Code §411.209, the sign purports to ban the possession of handguns by persons licensed to carry a handgun in Texas."

And section 411.209 reads as follows. I guess updating section 411.209 to include 30.07 is a clean-up bill for 2017?

==================================================================================================

Sec. 411.209. WRONGFUL EXCLUSION OF CONCEALED HANDGUN LICENSE HOLDER. (a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun under the authority of this subchapter is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code.

(b) A state agency or a political subdivision of the state that violates Subsection (a) is liable for a civil penalty of:

(1) not less than $1,000 and not more than $1,500 for the first violation; and

(2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.

(c) Each day of a continuing violation of Subsection (a) constitutes a separate violation.

(d) A citizen of this state or a person licensed to carry a concealed handgun under this subchapter may file a complaint with the attorney general that a state agency or political subdivision is in violation of Subsection (a) if the citizen or person provides the agency or subdivision a written notice that describes the violation and specific location of the sign found to be in violation and the agency or subdivision does not cure the violation before the end of the third business day after the date of receiving the written notice. A complaint filed under this subsection must include evidence of the violation and a copy of the written notice.

(e) A civil penalty collected by the attorney general under this section shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter B, Chapter 56, Code of Criminal Procedure.

(f) Before a suit may be brought against a state agency or a political subdivision of the state for a violation of Subsection (a), the attorney general must investigate the complaint to determine whether legal action is warranted. If legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that:

(1) describes the violation and specific location of the sign found to be in violation;

(2) states the amount of the proposed penalty for the violation; and

(3) gives the agency or political subdivision 15 days from receipt of the notice to remove the sign and cure the violation to avoid the penalty, unless the agency or political subdivision was found liable by a court for previously violating Subsection (a).

(g) If the attorney general determines that legal action is warranted and that the state agency or political subdivision has not cured the violation within the 15-day period provided by Subsection (f)(3), the attorney general or the appropriate county or district attorney may sue to collect the civil penalty provided by Subsection (b). The attorney general may also file a petition for a writ of mandamus or apply for other appropriate equitable relief. A suit or petition under this subsection may be filed in a district court in Travis County or in a county in which the principal office of the state agency or political subdivision is located. The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

(h) Sovereign immunity to suit is waived and abolished to the extent of liability created by this section.

Added by Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273), Sec. 1, eff. September 1, 2015.

[rp_photo]

Would love for someone to OC past and tell them that they can't legally ban you or ask you to leave.

A "disturbing the peace" or "terroristic threat" charge could always be concocted if need be.