37 TAC §6.47
The Texas Department of Public Safety adopts the repeal of §6.47,
concerning License to Carry Handguns, without changes to the proposed text
as published in the April 27, 2001, issue of the
Texas Register
(26 TexReg 3154) and will not be republished.
The justification for the repeal is deletion of a rule that is outdated.
The repeal of §6.47 is deemed necessary because the department now
uses Penal Code, §30.06, Trespass By Holder Of License to Carry Concealed
Handgun to prohibit weapons on department property. In addition, Attorney
General Opinion JC-0325 held that a unit of government may not, by promulgating
its own rules, bar the holder of a concealed handgun license from carrying
his weapon onto property owned by that governmental unit.
No comments were received regarding adoption of the repeal.
The repeal is adopted pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Government Code, §411.197,
which authorizes the department to adopt rules to administer this chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 23, 2001.
TRD-200104240
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: August 12, 2001
Proposal publication date: April 27, 2001
For further information, please call: (512) 424-2135