AUSTIN – Attorney General Ken Paxton clarified two rules governing concealed carry and security for churches in response to questions posed by the lieutenant governor following a shooting at a church in Sutherland Springs that killed 26 people last November.
In response to an inquiry from Lt. Gov. Dan Patrick in a letter dated Dec. 21, 2017, Paxton clarified two points.
First, he noted that handguns may be carried onto church property if there is no sign or verbal warning specifically prohibiting the carrying of a handgun.
In the letter dated Dec. 21, 2017, Paxton wrote: “In effect, the legislature provided churches the same option as most other private entities to decide whether to allow the carrying of handguns onto the premises of church-owned property. If a church decides to exclude the concealed or open carrying of handguns on the premises of church property, it may provide the requisite notice, thereby making it an offense for a license holder to carry a handgun on those premises.”
Some churches hold services on property owned by another entity. Paxton addresses that situation in the letter also, noting, “...to the extent a church operates on property other than its own, it should consult with the owner of the property to determine the extent to which it may prohibit or allow the carrying of handguns on the premises of such property.”
Educational institutions used for church services are a special situation, and the church must obtain specific permission if it wants its officers to carry guns on church grounds.
Secondly, he clarified that fees for security officers may be waived if churches followed certain conditions. The lieutenant governor had also asked about whether the legislature waived "the private security fee for churches that Texas charges to private institutions." Paxton cited section 1702.333 of the Occupations Code: Any business employing a private security officer must pay a yearly fee. In order to be exempt from that fee, a person providing security services for free may not wear a badge that says “security” or give the appearance of being a “peace officer, personal protection officer, or security officer.”
Paxton concluded the letter by stating, “The regulations of the Private Security Act, including the fees required thereunder, do not apply to Texas churches when providing volunteer security services consistent with the requirements of section 1702.333 (of the Occupations Code.)”