Texas Attorney General Opinion: DM-364 Page: 2 of 7
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Honorable Ron Wilson - Page 2
codified it under Section 451.107, Transportation Code,2 relates to
the authority granted a rapid transit authority to "adopt and enforce
reasonable rules and regulations.. . to secure and maintain safety
and efficiency in the operation and maintenance of the system... ."
Pursuant to this statutory provision, may an "Authority" prohibit a
person who is licensed to carry a concealed handgun under Article
4413(29ee) of the Texas Revised Civil Statutes Annotated, from
carrying a concealed handgun while a passenger on a vehicle used by
the "Authority" to provide public transportation?
2. Under Section 32 of Article 4413(29ee) of the Texas Revised
Civil Statutes Annotated,3 may an Authority prohibit a person who is
licensed to carry a concealed handgun from carrying a concealed
(footnote continued)
V.T.C.S. art. 1118x, 13(a)(1), (b). The Seventy-fourth Legislature has repealed article I 118x; the repeal
becomes effective on September 1, 1995. Act of May 1, 1995, 74th Leg., R.S., ch. 165, 24, May 27,
1995 Tex. Sess. Law Serv. 1025, 1870, 1871.
2Section 451.107 provides in pertinent part:
RULES. (a) The board by resolution may adopt rules for:
(1) the safe and efficient operation and maintenance of the transit
authority system...
(b) A notice of each rule adopted by the board shall be published in a
newspaper with general circulation in the area in which the authority is
located once each week for two consecutive weeks after adoption of the rule.
The notice must contain a condensed statement of the substance of the rule
and must advise that a copy of the complete text of the rule is filed in the
principal office of the authority, where the text may be read by any person.
(c) A rule becomes effective 10 days after the date of the second
publication of the notice under this section.
Act of May 1, 1995, 74th Leg., R.S., ch. 165, sec. 1, 451.107(a)(1), 1995 Tex. Sess. Law Serv. 1025,
1368 (to be codified as Trans. Code 451.107(a)(1)). The Transportation Code becomes effective on
September 1, 1995. Id. 27, at 1871.
3Section 32 provides as follows:
RIGHTS OF EMPLOYERS. This article does not prevent or otherwise
limit the right of a public or private employer to prohibit persons who are
licensed under this article from carrying a concealed handgun on the premises of
the business.
Act of May 16, 1995, 74th Leg., RS., ch. 229, 1, 1995 Tex. Sess. Law Serv. 1998, 2012 (to be codified
as V.T.C.S. art. 4413(29ee), 32).p. 1971
(DM-364)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-364, text, August 30, 1995; (https://texashistory.unt.edu/ark:/67531/metapth274173/m1/2/: accessed April 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.