Where can a Texas city post a sign to keep guns out of a city council meeting?

Plain-English summary

The 79th Judicial District Attorney, writing on behalf of the City of Alice, asked the AG several questions about how a city must post notice to exclude license holders from carrying handguns at city council meetings. The core statute is Penal Code section 46.035(c), which makes it a criminal offense for a license holder to carry a handgun in the room or rooms where a governmental entity holds an open meeting subject to Chapter 551 of the Government Code, when the entity has posted the required notice. The notice language itself comes from Penal Code sections 30.06 (concealed carry) and 30.07 (open carry).

The AG read the statute narrowly. Because section 46.035(c) ties the offense to "the room or rooms" where an open meeting is held, the prohibition reaches only those rooms, not an entire building. A city therefore should place its 30.06 and 30.07 notices at the entrance to the meeting room, not at the entrance to city hall. Posting at the building entrance can wrongly signal that handguns are banned throughout the building, and Government Code section 411.209 exposes a political subdivision to a civil penalty when it posts notice prohibiting handguns somewhere the Penal Code does not actually allow a ban.

The opinion drew a line between open and closed meetings. Section 46.035(c) applies only to open meetings, defined as those "open to the public." A closed (executive) session is one the public cannot attend, and only the members of the body and those it invites have a right to be there. So it is not a criminal offense for those authorized to attend a closed meeting to carry a handgun into it, unless the room could be off-limits under some other part of sections 46.03 or 46.035. A city that posts a 30.06 sign barring handguns from a closed meeting, where no other prohibition applies, risks the section 411.209 civil penalty.

On timing, the AG explained that the signs may not remain posted when the same room is used for other purposes, because the ban applies only during the open meeting. The statutes set no specific posting times, but the AG suggested it would be reasonable to post the notices when the room is opened for the meeting and remove them when the meeting adjourns. A city may also give the notice on a card or other document, or fold it into the meeting notice, as long as it makes clear the prohibition covers only the meeting room and only during the open meeting.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. Texas handgun-carry law has changed substantially since 2016, including the move to permitless carry and other amendments to the Penal Code and Government Code provisions cited here, so confirm the current statutes before relying on any of these specifics.

What the opinion meant for those who asked

The City of Alice and its city council (as the opinion described it): The opinion told the city that its 30.06 and 30.07 notices belong at the entrance to the meeting room, not the building, and only while an open meeting is taking place. It warned that posting a notice that reaches beyond the meeting room, including at a building entrance or for a closed session where no other ban applies, can trigger a civil penalty under Government Code section 411.209.

Other Texas governmental bodies posting handgun notices (as the opinion described it): The opinion read section 46.035(c) as limited to "the room or rooms" where an open meeting is held, so the same room-not-building rule and the same civil-penalty exposure under section 411.209 apply to any governmental entity that posts these signs.

License holders attending public meetings (as the opinion described it): The opinion explained that the carry offense arises only in the meeting room during an open meeting when proper notice is posted, and that the law does not prohibit carrying a handgun throughout an entire public building.

Common questions

Can a Texas city ban guns from the whole city hall during a council meeting?
No, under this opinion. The AG read Penal Code section 46.035(c) to reach only "the room or rooms" where an open meeting is held. A notice posted at a building entrance can suggest a building-wide ban the statute does not authorize, and the opinion warned that doing so can expose the city to a civil penalty under Government Code section 411.209.

Where should the no-guns sign be posted?
At the entrance to the room or rooms where the open meeting is held, according to the opinion, not at the building entrance.

Does the gun ban apply to a closed (executive) session?
The opinion said section 46.035(c) applies only to open meetings. Carrying a handgun into a closed meeting is not a criminal offense for those entitled to attend, unless the room can be made off-limits under another part of sections 46.03 or 46.035. Posting a 30.06 sign for a closed meeting where no other ban applies risks the section 411.209 civil penalty.

Can the sign stay up all the time, or only during meetings?
The opinion said the notice may not remain posted when the room is used for purposes other than an open meeting. The statutes set no specific times, but the AG suggested posting when the room opens for the meeting and removing the notice when the meeting adjourns.

Can a city give the notice some way other than a posted sign?
Yes, under the opinion. Sections 30.06 and 30.07 also allow notice on a card or other document. A city may hand out cards at the meeting-room entrance or include the prohibition in its open-meeting notice, as long as it makes clear the ban covers only the meeting room during the open meeting.

Background and statutory framework

Penal Code section 46.035(c) makes it an offense for a license holder to intentionally, knowingly, or recklessly carry a handgun, whether concealed or in a shoulder or belt holster, in the room or rooms where a governmental entity holds an open meeting subject to Chapter 551 of the Government Code, when the entity has provided the notice that chapter requires (Tex. Penal Code § 46.035(c)). Sections 30.06 and 30.07 supply the language for the concealed-carry and open-carry notices (id. §§ 30.06(c)(3)(A), .07(c)(3)(A)).

The Government Code defines an "open" meeting as one "open to the public" and a "closed meeting" as one "to which the public does not have access" (Tex. Gov't Code § 551.001(5), (1)). The Open Meetings Act lets a governmental body meet in closed session to discuss certain topics, with no public access (id. §§ 551.071-.090). Because section 46.035(c) is limited to open meetings and neither section 46.03 nor 46.035 mentions closed meetings, carrying a handgun into a closed meeting is not an offense for those authorized to attend, unless the meeting is held where handguns can be barred under some other provision of sections 46.03 or 46.035. The exceptions in sections 30.06(e) and 30.07(e) make clear that a license holder is not barred from carrying on government-owned or leased property unless section 46.03 or 46.035 prohibits it.

Government Code section 411.209 forbids a state agency or political subdivision from posting notice prohibiting handgun carry "unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code," and provides a civil penalty for improper postings (Tex. Gov't Code § 411.209(a)-(b)). Reading section 46.035(c) by its plain terms, the AG concluded the Legislature limited the offense to "the room or rooms" and did not intend to bar carry throughout an entire building (City of San Antonio v. City of Boerne, 111 S.W.3d 22, 25 (Tex. 2003)). The Open Meetings Act also requires written notice of the date, hour, place, and subject of each meeting, which a city must post at least 72 hours in advance (Tex. Gov't Code §§ 551.041, 551.043).

Citations

Statutory provisions:

• Tex. Penal Code § 46.035(c) (handgun offense in open-meeting rooms)
• Tex. Penal Code §§ 46.03, 46.035 (places weapons are prohibited)
• Tex. Penal Code §§ 30.06(c)(3)(A), (c)(3), (e) (concealed-carry notice)
• Tex. Penal Code §§ 30.07(c)(3)(A), (c)(3), (e) (open-carry notice)
• Tex. Gov't Code § 551.001(5), (1) (open and closed meeting definitions)
• Tex. Gov't Code §§ 551.071-.090 (closed-meeting authority)
• Tex. Gov't Code § 411.209(a)-(b) (civil penalty for improper notice)
• Tex. Gov't Code §§ 551.041, 551.043 (meeting notice and 72-hour rule)

Cases:

• City of San Antonio v. City of Boerne, 111 S.W.3d 22 (Tex. 2003)

Texas Attorney General opinions:

• Tex. Att'y Gen. Op. No. JM-6 (1983)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/ken-paxton/kp-0098
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2016/kp0098.pdf

Original opinion text

Best-effort transcription from the official PDF. Minor extraction artifacts were corrected; the linked PDF is authoritative.

KEN PAXTON
ATTORNEY GENERAL OF TEXAS

June 27, 2016

The Honorable Carlos Omar Garcia Opinion No. KP-0098
79th Judicial District Attorney
Jim Wells and Brooks Counties Re: Requirements for a municipality's
Post Office Drawer 3157 posting of notice regarding the carrying of
Alice, Texas 78333 handguns (RQ-0087-KP)

Dear Mr. Garcia:

   You request an opinion on behalf of the City of Alice asking multiple questions concerning the requirements a city must follow in posting notice about the carrying of handguns at open and closed meetings of a city council. [1] Subsection 46.035(c) of the Penal Code makes it a criminal offense to carry a handgun in rooms where a meeting of a governmental entity is held under certain circumstances:

          A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code, and the entity provided notice as required by that chapter.

TEX. PENAL CODE § 46.035(c). Sections 30.06 and 30.07 of the Penal Code provide the language to be used in a notice to prohibit entry with a concealed handgun and entry with a handgun that is carried openly. See id. §§ 30.06(c)(3)(A), .07(c)(3)(A). Your questions relate to where and when a governmental entity may post those notices to exclude the carrying of handguns at meetings. See Request Letter Attachment at 2.

    Each of your five questions assumes that a governmental entity is authorized to prohibit the carrying of handguns in closed meetings. See id. Subsection 46.035(c) makes it a criminal offense to carry a handgun only in instances when "the meeting is an open meeting subject to Chapter 551, Government Code." TEX. PENAL CODE § 46.035(c). "Open" for purposes of chapter 551 of the Government Code is defined as "open to the public." TEX. GOV'T CODE § 551.001(5). "Closed meeting" is defined as "a meeting to which the public does not have access." Id. § 551.001(1). Because subsection 46.035(c) is expressly limited to open meetings and there is no reference to closed meetings in either sections 46.03 or 46.035, it is not a criminal offense for individuals authorized to attend the closed meeting to carry handguns into that meeting unless the closed meeting is held in a location where handguns can be prohibited through some other provision of sections 46.03 or 46.035. See TEX. PENAL CODE §§ 30.06(e) ("It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035."), .07(e) (same). Section 411.209 of the Government Code prohibits a state agency or political subdivision from posting notice prohibiting the carrying of a handgun "unless license holders are prohibited from carrying a handgun on the premises or other place by Section 46.03 or 46.035, Penal Code." TEX. GOV'T CODE § 411.209(a). Thus, a city may be liable for a civil penalty if it posts notice under section 30.06 of the Penal Code prohibiting entry into a closed meeting with a handgun unless the closed meeting is held in a location where handguns can otherwise be prohibited. See id. § 411.209(b). [2] Given this conclusion, we answer each of your questions only with regard to notices prohibiting the carrying of handguns in open meetings of a governmental entity.

    Your first three questions ask whether the open carry notice and the concealed carry notice should be posted at the entrance to the building or the entrance to the meeting room, and whether a city may "prohibit entry to the entire City Hall, or just to the" meeting room by a person carrying a handgun. Request Letter Attachment at 2. Subsection 46.035(c) creates an offense for the carrying of handguns only "in the room or rooms where a meeting of a governmental entity is held ...." TEX. PENAL CODE § 46.035(c). In construing a statute, our objective is to determine and give effect to the Legislature's intent, which we do by first looking to the "plain and common meaning of the statute's words." City of San Antonio v. City of Boerne, 111 S.W.3d 22, 25 (Tex. 2003). By specifically limiting the offense to carrying a handgun in "the room or rooms," the plain language of the statute makes it clear that the Legislature did not intend this provision to prohibit the carrying of handguns throughout an entire building but instead only in the specific room or rooms where an open meeting of a governmental entity is held. See TEX. PENAL CODE § 46.035.

    You note that sections 30.06 and 30.07 of the Penal Code provide language for the notice that states a licensee "may not enter this property." Request Letter Attachment at 2. The only property where entry with a handgun is forbidden under subsection 46.035(c) is the meeting room or rooms, and a governmental entity may not prohibit the carrying of a handgun from a location other than those listed under sections 46.03 and 46.035 of the Penal Code. If a governmental entity posts notice at the entrance to a building, it could suggest that a license holder is prohibited from carrying a handgun throughout the building when in fact the law provides otherwise. Governmental entities should therefore place their notices under sections 30.06 and 30.07 of the Penal Code at the entrance to the room or rooms where an open meeting is held when excluding the carrying of handguns under subsection 46.035(c). [3] If a governmental entity posts a 30.06 notice indicating that a license holder is prohibited from entering a portion of a building other than those areas listed in sections 46.03 and 46.035 of the Penal Code, the governmental entity may be liable for a civil penalty under section 411.209 of the Government Code. See TEX. GOV'T CODE § 411.209(a)-(b).

   You also ask whether the concealed carry and open carry notices may remain posted at times when the governmental entity is not meeting. Request Letter Attachment at 2. Section 46.035(c) prohibits the carrying of handguns in the room or rooms where a meeting of a governmental entity is held only "if the meeting is an open meeting subject to Chapter 551, Government Code." TEX. PENAL CODE § 46.035(c). If a room is used for open meetings and for other purposes, a governmental entity may not provide notice under section 30.06 or 30.07 excluding the carrying of handguns when the room is used for purposes other than an open meeting.

    Assuming that the notices must be posted temporarily, you ask "how long in advance of, and after, the actual time of the Meeting ... may the Notices be given?" Request Letter Attachment at 2. The statutory scheme does not establish specific times at which such notices may be posted and must be removed. It would seem reasonable to conclude, however, that a governmental entity could post the 30.06 and 30.07 notices at the time the room or rooms are opened to the public for the open meeting, and the notices should be removed when the open meeting is adjourned.

    You also ask whether the timing requirements would be different for notice given in a "card or other document," as that phrase is used in subsections 30.06(c)(3)(A) and 30.07(c)(3)(A). Id. Sections 30.06 and 30.07 authorize notice to be given by written communication in two ways, either by a posted sign, as discussed above, or by "a card or other document on which is written" the prescribed notice language. TEX. PENAL CODE §§ 30.06(c)(3), .07(c)(3). While you are concerned with the timing of the notice, the more important inquiry is the message that is conveyed when these cards or documents are distributed. If using cards or documents to provide notice that the carrying of handguns is prohibited pursuant to subsection 46.035(c) of the Penal Code, a governmental entity should make it clear that the prohibition applies only to the meeting room or rooms and only when the governmental entity is holding an open meeting. Subsections 30.06(c)(3) and 30.07(c)(3) would allow a governmental entity to pass out cards at the entrance to a meeting room where an open meeting is held to provide notice that entry with handguns is forbidden, or a governmental entity could include as part of its open meeting notice that the carrying of handguns will not be allowed in the open meeting. [4]

[1] See Letter from Honorable Carlos Omar Garcia, 79th Judicial Dist. Att'y, to Honorable Ken Paxton, Tex. Att'y Gen. at 1 (Dec. 28, 2015); Letter from David D. Towler, City Att'y, City of Alice, to Office of the Att'y Gen. at 2 (Dec. 21, 2015) ("Request Letter Attachment"), https://www.texasattorneygeneral.gov/opinions/request-for-opinion-rqs.

[2] The Open Meetings Act authorizes governmental bodies to meet in closed session to discuss certain topics, and the public does not have access to such meetings. See TEX. GOV'T CODE §§ 551.071-.090 (authorizing closed meetings in specific circumstances), .001(1) (defining a closed meeting as one "to which the public does not have access"). Thus, while section 46.035 does not authorize a governmental body to exclude the carrying of handguns from closed meetings, only the members of the governmental body and those individuals invited by the governmental body have a right to attend a closed meeting. See Tex. Att'y Gen. Op. No. JM-6 (1983) at 1-2 (explaining that only the members of the governmental body have a right to convene in executive session).

[3] Because your fourth question is premised on a conclusion that section 30.06 and 30.07 notices should be posted at the entrance to a building that includes a room or rooms where a meeting of a governmental entity is held, we do not address it further. See Request Letter Attachment at 2.

[4] Section 551.041 of the Government Code requires a governmental body to provide "written notice of the date, hour, place, and subject of each meeting." TEX. GOV'T CODE § 551.041. A city posting such notice must do so at least 72 hours before the scheduled meeting. Id. § 551.043.

                                  SUMMARY

          Subsection 46.035(c) of the Penal Code makes it an offense to carry a handgun "in the room or rooms where a meeting of a governmental entity is held and if the meeting is an open meeting subject to Chapter 551, Government Code" and the entity provided the requisite notice. By specifically limiting the offense to carrying a handgun in "the room or rooms," the Legislature made it clear that it did not intend to prohibit the carrying of handguns throughout an entire building but instead only in the specific room or rooms where an open meeting of a governmental entity is held.

          Governmental entities should place their notices that entry with a handgun is prohibited at the entrance to the room or rooms where an open meeting is held. A governmental entity may not provide notice that excludes the carrying of handguns when the room or rooms are used for purposes other than an open meeting.

                                         Very truly yours,

                                         KEN PAXTON
                                         Attorney General of Texas

JEFFREY C. MATEER
First Assistant Attorney General

BRANTLEY STARR
Deputy First Assistant Attorney General

VIRGINIA K. HOELSCHER
Chair, Opinion Committee