RES 1995-29TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 9 5 - 2 9
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS ARTICULATING THE
TOWN'S INTENT TO PROHIBIT THE CARRYING OF
CONCEALED HANDGUNS ON TOWN -OWNED PREMISES;
DIRECTING THE TOWN MANAGER TO POST THE
APPROPRIATE NOTICE THAT POSSESSION OF A
CONCEALED HANDGUN ON TOWN -OWNED PREMISES
IS FORBIDDEN; AUTHORIZING THE TOWN MANAGER
TO TAKE THOSE STEPS REASONABLE AND NECESSARY
TO DENY ENTRY ONTO TOWN -OWNED PREMISES BY
PERSONS CARRYING CONCEALED HANDGUNS;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB TEXAS:
Section 1. It is the intent of the Town Council to bar persons other than peace officers
from carrying or possessing concealed weapons on Town -owned premises, including Town -
owned buildings and parking lots.
Section 2. The Town Council directs the Town Manager (or his designee) to post the
appropriate signage and to provide such other notice, in accordance with Section 30.05 of the
Texas Penal Code (the Criminal Trespass law), to carry out the Council's above -stated intent.
Section 3. The Town Manager is authorized to take all steps reasonable and necessary
to deny entry or continued presence on Town -owned premises to all persons (other than peace
officers) possessing concealed weapons, including prosecution of such violators for the offense
of criminal trespass.
Section 4. This Resolution shall take effect immediately from and after its date of
passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
on this 5th day of r)eremher , 1995.
, J . Carter, Mayor -
ATTEST:
Karen Sadri," Town Secretary
APPROVED AS TO FORM:
John M� Hill, Town Attorney
JOHN M. HILL
(214) 672-2170
Ms. Donna Welsh
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
COWLES & THOMPSON
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
901 MAIN STREET, SUITE 4000
DALLAS, TEXAS 75202-3793
TELEPHONE (214) 672-2000
METRO (214) 263-0005
EAX (214) 6722020
CHARLES SORB@LLS
(192!, 1982)
November 3, 1995
Re: Concealed Handguns
Dear Donna:
307 W. WASHINGTON, SUITE 100
P 0. BOX 1127
SHERMAN. TEXAS 750911 1 2 7
TELEPHONE (903) 8938999
100 WEST ADAMS AVENUE, SUITE 321
P.O. E30X 765
7 EMPLE, TEXAS 76503-0785
TELEPHONE (81 7) 771-2800
ONE AMERICAN CENTER. SUITE 777
909 E. $. E. LOOP 323
TYLER, TEXAS 757019664
TELEPHONE (903) 581-5588
The 74th Legislature recently adopted Senate Bill 60 authorizing an individual licensed
by the Texas Department of Public Safety to carry a concealed handgun. A license to carry a
concealed handgun becomes effective at the earliest on January 1, 1996. As outlined below:
• the Bill specifies certain locations where a concealed handgun may not be carried;
• the Bill specifies other locations where the Town may not prohibit the carrying
of a concealed weapon;
• the Bill does not prevent or otherwise limit the Town as an employer from
prohibiting its employees from carrying a concealed handgun on Town property; and
• in locations not specified in the Bill, the Town may prohibit the carrying a
concealed handguns on its property under the Texas trespass statute.
Where A Concealed Handgun May Not Be Carried
A person licensed to carry a handgun under the Bill may not intentionally, knowingly or
recklessly carry a handgun, whether concealed or not, on the person of the license holder in the
following locations:
Ms. Donna Welsh
November 3, 1995
Page 2
(1) On the physical premises of a school, an educational institution, or a passenger
transportation vehicle of a school or an educational institution;
(2) On the premises of a polling place on the day of an election or while early voting
is in progress;
(3) In any government court or offices utilized by the court;
(4) On the premises of a racetrack;
(5) Into a secured area of an airport;
(6) On the premises of a high school, collegiate, or professional sporting event or
interscholastic event is taking place, unless the license holder is a participant in
the event and a handgun is used in the event;
(7) On the premises of a correctional facility;
(8) On the premises of a church, synagogue or other established place of religious
worship;
(9) In an amusement park;
(10) At any meeting of a governmental entity;
(11) At a business that has a permit or license issued under Chapters 25 (wine and
beer retailer's permit), 28 (mixed beverage permit), 32 (private club registration
permit), or 69 (retail dealer's on -premise license) of the Alcoholic Beverage
Code, if the business derives 51 % or more of its income from the sale of
alcoholic beverages for on -premises consumption; or
(12) At a hospital licensed under Chapter 241, Tex. Health & Saf. Code, or a nursing
home licensed under Chapter 242, Tex. Health & Saf. Code, unless the license
holder has written authorization from the hospital or nursing home.
Where the Town is Prohibited From Regulating the Carrying of a Concealed Handgun
The Bill prohibits the Town from regulating a person licensed to carry a concealed
handgun in the following places:
Ms. Donna Welsh
November 3, 1995
Page 3
(1) a public park;
(2) a public meeting of the Town, the county or another governmental body (carrying
of a handgun at a meeting of a governmental entity is prohibited by State law --see
paragraph (10) above);
(3) a political rally, parade or official political meeting; or
(4) a nonfirearms-related school, college or professional athletic event.
The Town as Employer
The Bill provides that it "does not prevent or otherwise limit the right of a public or
private employer to prohibit persons who are licensed [to carry a concealed handgun] from
carrying a concealed handgun on the premises of the business. " While the Bill uses the term
"premises" of the business, we believe that the Town has the right to prohibit an employee who
is acting in the course and scope of his employment, whether on the physical "premises" of the
Town or not, from carrying a handgun.
Concealed Handguns on Town Property
In Letter Opinion No. 95-058, the Attorney General concluded that a local government
may prohibit a "gun -carrying concealed handgun licensee" from entering or remaining on its
premises under the authority of the Texas criminal trespass statute, Section 30.05, Tex. Penal
Code. Under that statute, a person commits an offense if "he enters or remains on property or
in a building of another without effective consent and he:
(l) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so. "
To utilize the statute, notice of the prohibited conduct must be given, whether by "oral or
written communication by the owner or someone with authority to act for the owner," or by a
"sign or signs posted on the property or at the entrance to the building that is reasonably likely
to come to the attention of intruders, indicating that entry is forbidden. " Once notice is given,
a person carrying a weapon contrary to the notice would be in violation of the trespass law (a
class A misdemeanor punishable by a fine not to exceed $4,000, confinement in jail for a term
not to exceed one year, or both).
Ms. Donna Welsh
November 3, 1995
Page 4
If notice is given by posting a sign, we believe that the sign should comply with the
standards required for posting by certain private property owners under the concealed handgun
law (art. 4413(29ee), enacted by S.B. 60), as follows:
• It must be displayed at each entrance in a "conspicuous manner clearly visible to
the public";
• It must be in both English and Spanish;
• It must state that it is unlawful to carry a handgun on the premises; and
• It must appear in contrasting colors with block letters at least one inch in height.
The notice may be limited to Town buildings or may be extended to Town -owned parking areas.
A resolution authorizing the posting of signs on Town property and an example of the type of
sign to be posted are enclosed.
Summary
In summary, S.B. 60 sets forth certain locations where a concealed handgun may not be
carried (including "any meeting of a governmental entity"), prohibits the Town from regulating
the carrying of a concealed handgun in its parks and at other locations and events, does not
prevent the Town from prohibiting its employees from carrying a concealed handgun while in
the course and scope of employment, and does not prevent the Town from prohibiting the
carrying of a concealed handgun of Town property under the authority of the trespass statute.
Should you have any questions or desire any additional information, please give me a
call.
Ver my yours,
John ill
JMH:wn
CARRYING OF A CONCEALED
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PROHIBITED AND VIOLATORS
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Texas Penal Code Section 30.05(a)
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PROHIBIDO EN ESTE LUGAR Y
Penal De Tejas Seccion 30.05(a) ✓1'A ,