Open Carry Signs—School Sponsored Events and Elections

School Sponsored Events: HPL SPACES has purchased sign holders and signs to display when a school sponsored event is occurring at the library. According to Danielle Folsom, Assistant City Attorney,

“Texas Penal Code Section 46.03(a)(1) prohibits firearms (including licensed handguns) on the physical premises of a school or educational institution and any grounds or building on which an activity sponsored by a school or educational institution is being conducted. Neither the Penal Code nor the Education Code contains a definition of “educational institution.” However, when that term appears elsewhere in state or federal law, it generally refers to any private or public preschool, elementary, or secondary school, or any institution of vocation, professional, or higher education.”

This would include a school field trip to tour the library, to attend a program, or to use the library to conduct research. These field trips should generally be during regular school hours and include a teacher and chaperon(s) with the students. It is not a school sponsored activity to have students attend an after school program such as After School Zone or an afternoon movie as the school does not sponsor the program. The prohibition of firearms in the library would only be in effect when the school group is in the building. If staff members are unsure of what schools are considered official schools they can search by school name on the Texas Education Agency (TEA) site AskTED, by school district with the School District Locator, or the Texas Private School Association list of member schools.

Work Instructions:

1. When a school group is scheduled for a field trip (or appears unannounced), staff should remove the sign holder from storage and place near the entrance facing outward so that customers can see the information as they enter.
2. If a customer(s) is already in the library prior to the school visit and has a weapon openly carried, approach the customer(s) and inform him/her that a school group is currently using the location for a school sponsored event and that weapons are prohibited during that time. If questioned, staff can explain the law or show them the section in the Texas Penal Code (see link above).
3. After the school group leaves, the sign should immediately be stored in a staff area.
4. The sign and sign holder are designated for the purpose of announcing the school visit. The sign may not be switched out for any other sign.

Election Polling Places: HPL locations sometimes serve as polling places either on the day of the election or while early voting is in progress. Similar to school sponsored activities, weapons are prohibited “on the premises of a polling place on the day of an election or while early voting is in progress” (Texas Penal Code Section 46 (a) (2)). Locations that periodically serve as polling locations will be given an additional sign that can be switched out with the school sponsored sign to use during the polling times. The sign should be posted near the entrance before the polling site opens and removed once polling has ended.

FAQs
Q: What groups count as a school group? My location has a day care and a summer camp come daily to the library for summer programs.
A: Schools generally defined in state and federal law as public or private preschool, elementary or secondary school, or any institution of vocational, professional, or higher education. If staff members are unsure of what schools are considered official schools they can search by school name on the Texas Education Agency (TEA) site AskTED, by school district with the School District Locator, or the Texas Private School Association list of member schools. The summer camp and day care would not be considered school groups.

Q: My location has a scheduled program for a school that starts at 11 AM. How early should I post the sign about weapons?
A: Signs should be posted 10 to 15 minutes before the scheduled program starts and be removed once the school group leaves.

Q: What should the person legally carrying the weapon do while the school field trip is using the library?
A: Weapons are prohibited while the school activity is occurring and should be removed from the building.