Minute Maid Park
Returning to this subject, the Attorney General Opinion which many of us were awaiting the release of has been published. Attorney General Opinion KP-108 dealt with the subject of whether Penal Code Section 30.06 and 30.07 postings by the non-profits on property leased from a city is permissible. The relevant portion of the opinion is quoted here:
"However, under the facts you describe, the private, nonprofit entity appears to have an arms-length agreement to lease city property and is not otherwise affiliated with the city. See Request Letter at 1. "As a general rule, a lessor relinquishes possession or occupancy of the premises to the lessee." Levesque v. Wilkens, 57 S.W.3d 499, 504 (Tex. App.-Houston [14th Dist.] 2001, no pet.). In such circumstances, section 411.209 does not apply to a city that leases property to a nonprofit entity that provides notice that a license holder carrying a handgun is prohibited from entry. As long as the state agency or political subdivision leasing the property to the nonprofit entity has no control over the decision to post such notice, the state agency or political subdivision lessor would not be the entity responsible for the posting and would therefore not be subject to a civil penalty under section 411.209. See TEX. Gov'T CODE § 41 l.209(a)."
https://texasattorneygeneral.gov/opinions/opinions/51paxton/op/2016/kp0108.pdf
This opinion will impact a number of situations. We are still reviewing it to determine the extent to which it may impact an earlier 30.06 letter regarding gun shows which are conducted on property rented from a city.
The question which I believe must be answered before further proceeding is whether Minute Maid Park is leased to the sports team even though it is owned by the Harris County Houston Sports Authority. If the stadium is leased, which is probable, the opinion leads me to believe that the sports team can establish a wide variety of rules or regulations affecting persons attending the game or other event conducted under the authority of the sports team's lease agreement and that these provisions would not be subject to the limitations which might apply if the Sports Authority were doing so directly. (Please note that there would be a question then as to whether the Sports Authority was a "political subdivision of the State". I think it would be, but that has not been established for this purpose.) Please note that the reference to a non-profit organization is because that is the factual basis set forth in the Request for Opinion. I doubt that the result would be different if the lease involved a for profit organization such as the sports team because the basis of the opinion is landlord tenant law and the fact that the landlord exercises no control over the tenant in regard to this specific issue, but that is not addressed in the opinion.
jimmyconway32 or anyone else. Please let me know if you can confirm whether the team using Minute Maid Park has leased the property from the Harris County Houston Sports Authority.
Rick
Returning to this subject, the Attorney General Opinion which many of us were awaiting the release of has been published. Attorney General Opinion KP-108 dealt with the subject of whether Penal Code Section 30.06 and 30.07 postings by the non-profits on property leased from a city is permissible. The relevant portion of the opinion is quoted here:
"However, under the facts you describe, the private, nonprofit entity appears to have an arms-length agreement to lease city property and is not otherwise affiliated with the city. See Request Letter at 1. "As a general rule, a lessor relinquishes possession or occupancy of the premises to the lessee." Levesque v. Wilkens, 57 S.W.3d 499, 504 (Tex. App.-Houston [14th Dist.] 2001, no pet.). In such circumstances, section 411.209 does not apply to a city that leases property to a nonprofit entity that provides notice that a license holder carrying a handgun is prohibited from entry. As long as the state agency or political subdivision leasing the property to the nonprofit entity has no control over the decision to post such notice, the state agency or political subdivision lessor would not be the entity responsible for the posting and would therefore not be subject to a civil penalty under section 411.209. See TEX. Gov'T CODE § 41 l.209(a)."
https://texasattorneygeneral.gov/opinions/opinions/51paxton/op/2016/kp0108.pdf
This opinion will impact a number of situations. We are still reviewing it to determine the extent to which it may impact an earlier 30.06 letter regarding gun shows which are conducted on property rented from a city.
The question which I believe must be answered before further proceeding is whether Minute Maid Park is leased to the sports team even though it is owned by the Harris County Houston Sports Authority. If the stadium is leased, which is probable, the opinion leads me to believe that the sports team can establish a wide variety of rules or regulations affecting persons attending the game or other event conducted under the authority of the sports team's lease agreement and that these provisions would not be subject to the limitations which might apply if the Sports Authority were doing so directly. (Please note that there would be a question then as to whether the Sports Authority was a "political subdivision of the State". I think it would be, but that has not been established for this purpose.) Please note that the reference to a non-profit organization is because that is the factual basis set forth in the Request for Opinion. I doubt that the result would be different if the lease involved a for profit organization such as the sports team because the basis of the opinion is landlord tenant law and the fact that the landlord exercises no control over the tenant in regard to this specific issue, but that is not addressed in the opinion.
jimmyconway32 or anyone else. Please let me know if you can confirm whether the team using Minute Maid Park has leased the property from the Harris County Houston Sports Authority.
Rick