As of Sept. 1, 2015, governmental agencies and entities face stiff fines for every unenforceable Tex. Penal Code §30.06 sign they post. Each sign and each day the sign(s) is/are posted constitutes a separate violation. This new law is found in Tex. Gov’t Code §411.209 and there are specific notice requirements that must be met in order to file a complaint with the Texas Attorney General’s Office. Although the Code is silent as to what documentation must be provided in the notices, a recommended procedure is set out below. If possible, take all digital photographs on a camera or device that includes the date on the image. Be sure the date set in the camera is correct.
Due to the inherent delay in delivery of certified mail and return of the proof of delivery, it is recommended that notice to the offending agency or entity and the Attorney General be sent by telefax so that you will have a fax confirmation.
Please provide a copy of your pre-complaint notice to the governmental agency or entity and/or a copy of the complaint you filed with the Texas Attorney General’s Office by scanning all documents and photographs into one pdf file and upload it to the Texas Firearms Coalition website. This data will be very helpful in determining the effectiveness of this new law and in identifying any required amendments that may become necessary. It can also aid in prosecuting lawsuits.