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Texas Penal Code 46.035 vs hospitals

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  • BBL

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    Mods, I am not 100% is this question belongs here to this forum. If there's a better place, please be so kind to move my post.

    Texas Penal Code 46.035 paragraph (b)(4) mentions that firearms are prohibited in hospitals (with defense to prosecution if there were no 06 or 07 signs posted).
    It also mentions a hospital licensed under Chapter 241 (Hospitals).
    My question is: where can a person find out whether a building is considered a hospital or just a medical building?
    (I googled and did not come up with any useful hits)

    Example: a buddy of mine goes to a "Women's Clinic" which is next to a hospital. He is afraid to carry in there because he claims it is a hospital, despite the building standing free of the actual hospital building and not having the word "hospital" in its name.

    Thank you in advance for any good answers.
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    toddnjoyce

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    Follow up, per TPC 46.03 (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
    ...
    (11) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing facility licensed under Chapter 242, Health and Safety Code, unless the person has written authorization of the hospital or nursing facility administration, as appropriate;

    That's a Class A misdemeanor. The former defense to prosecution if not posted has gone away; a licensed hospital is just as prohibited as a federal facility.

    Now, how to find out what's a licensed hospital. Texas Health and Human Services has a hospital license search page or you can go direct to the Online Licensing System and enter the name. You'll eventually get to results that look like this:
    1658876902777.png


    That shows the physical and mailing addresses and, if a multilocation hospital, other addresses associated with that particular license.

    Hope that's helpful @BBL ok
     
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    madwildcat

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    @toddnjoyce , I tried to read through that and saw that it mentions "nursing facilities". Does this imply we can't carry with an LTC or otherwise in a "nursing facility" even if they aren't posted? I was under the impression they had to be posted. Sorry for what may be a dumb question.
     

    toddnjoyce

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    @toddnjoyce , I tried to read through that and saw that it mentions "nursing facilities". Does this imply we can't carry with an LTC or otherwise in a "nursing facility" even if they aren't posted? I was under the impression they had to be posted. Sorry for what may be a dumb question.

    To he very clear, a licensed hospital and a licensed nursing facility are treated the same as far as being a prohibited place with no defense to prosecution for a license holder. The only ‘get out of jail free’ card is if the head of the facility gives written authorization for someone to carry.

    Interestingly, it appears this language also applies to security guards and police officers (unless the LEO is responding/performing official duties, not moonlighting). I doubt it’s very strictly enforced though.

    ETA, this all changed with HB1927, so it’s still relatively new.
     

    candcallen

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    Interesting anecdote.

    One of my dr offices was in a medical building attached to a hospital. It wasnt a hospital technically but you go in and turn right and enter another set of doors into the hospital proper. Those doors, to the medical bld, were posted. A different set of doors to the medical bld literally 20 feet away into a hallway were not posted. I always entered there.

    Not that I carried into either door....just notable the stupidity and bullshit.
     

    benenglish

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    Hopefully just your sister getting a test.
    Thanks. Yes. Lab tests every week, in-hospital appointment once a month. And that's when she's doing well. When she gets sick...well... let's just say I know some of the best places to sleep inside half the hospitals in the Houston med center. I'm still getting a handle on the ones in The Woodlands. :)
     

    popper

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    Do you take a pillow? Just spent 4 days (on and off) in the waiting(?) room in Daytona. ER room was the pits, wall to wall sick people and over-run in the halls. All wearing masks though. I social distanced to the main hosp chairs or outdoor bench. Hope your sis's health improves.
     

    benenglish

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    Do you take a pillow?
    No. I can generally bunch up a jacket or take off a shoe and put that under my head.
    Hope your sis's health improves.
    I greatly appreciate the thought but that's not going to happen.

    I don't mean that statement to be a downer to anyone. We understand the situation because we've discussed it at length between ourselves and with doctors. We've both achieved acceptance. So it's not a downer statement, just a statement of fact.
     
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