30.06 at Brazoria County Fair

[610020]

Today I discovered that the Brazoria County Fair has posted 30.06 signs at all of their gates.  Having read the issue with the Houston Zoo, it appears to me that a blanket 30.06 exclusion does not comply with Texas Government Code 411.209

The details:
 1.  The majority of fairground property is owned by the County of Brazoria.  That property is leased to the Brazoria County Fair Association for the duration of the fair.
 2.  I could see that some areas such as their rodeo arena fall under an exclusion rule if there is a professional rodeo (professional sporting event??).  To that end, the rodeo arena is in a separate fenced area of the grounds.
 3.  Beer gardens and similar areas I would expect to fall under 51% rules and as such would be prohibited for concealed carry.
 4.  The Fair Association privately owns contiguous property, however, it is not delineated or defined, but could fall under 30.06 requirements.

As for the rest of the property, I don't see how it falls under 30.06 provisions.  I would appreciate any clarification or information on how to proceed with the powers that be.

[TexasLawShield]

610020,

There are not enough known fact to give you a 100% accurate answer on this one unfortunately; the fact that cases haven’t been prosecuted on this issue (win, lose, or otherwise) means we don’t have much judicial interpretation to fall back on. The reason it is a difficult question to answer is because there are potentially places that are off limits under 46.03 and 46.035 of the Texas Penal Code (potentially the beer gardens, which may have a 51% sign, or any professional rodeo/sporting events). A 30.06 sign posted on governmental property is legal if it is on property that is otherwise prohibited under the law; but the question is, does having some property off limits invalidate the entirety of the property? If there were no posted 30.06 sign, it would be an easy question to answer; don’t carry past any 51% signs, or into any professional sporting events. However, the 30.06 sign issue is one we don’t know just yet; the attorney question is considering a very similar issue right now, so hopefully by the time the Fair rolls around next year we will have a better answer for you.