Untitled Texas Attorney General Opinion, KP-0176

Request from Lt. Gov. Dan Patrick asking whether licensed handgun holders may carry on church premises that do not post exclusionary signs, and whether churches are exempt from private security fees.
Texas Penal Code §46.035(b)(6) generally criminalizes a license holder carrying a handgun on the premises of a church.
Penal Code §46.035(i) provides that certain subsections (including (b)(6)) do not apply if the actor was not given effective notice under §§30.06 or 30.07.
§§30.06 and 30.07 define how an owner may give effective oral or written notice forbidding concealed or open carry (specific card or conspicuous bilingual sign requirements).
Occupations Code §1702.333 (enacted by S.B. 2065 in 2017) exempts persons providing volunteer security services at a church from the Private Security Act, provided services are unpaid and volunteers do not wear uniforms/badges that say “security” or mimic officers.

Issue	Patrick's Argument	Paxton's Argument	Held
Whether licensed handgun holders may carry on church premises that do not post prohibitory notice	Churches without posted/communicated notice cannot prohibit carry; license holders may carry	Statutory text of §46.035(b)(6) appears to ban carry on church premises, but must be read with notice provisions	Unless church gives effective oral or written notice under §§30.06/.07, license holders may carry on church premises as law otherwise allows
Whether churches are exempt from private security fees under the Private Security Act	Churches providing volunteer security should be exempt from licensing/fees	Private Security Act fees historically applied, but statute may have been amended	§1702.333 exempts persons providing unpaid volunteer security at places of worship from the Act and its fees, subject to uniform/badge restrictions

Cadena Comercial USA Corp. v. Tex. Alcoholic Bev. Comm’n, 518 S.W.3d 318 (Tex. 2017) (statutory language must be read in context rather than isolation)