Holcomb v. Waller Cnty.

• Decision Date: 15 March 2018
• Docket Number: NO. 01-16-01005-CV,01-16-01005-CV
• Parties: Terry HOLCOMB, Sr., Appellant v. WALLER COUNTY, Texas, Appellee
• Court: Texas Court of Appeals

546 S.W.3d 833

Terry HOLCOMB, Sr., Appellant

v.WALLER COUNTY, Texas, Appellee

NO. 01-16-01005-CV

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued March 15, 2018

T. Edwin Walker, WALKER & BYINGTON, PLLC, 1020 Bay Area Blvd., Suite 105, Houston, TX 77058, for Appellant.

Elizabeth Dorsey, Sean Whittmore, 645 12^th Street, Hempstead, TX 77445, for Appellee.

Panel consists of Justices Jennings, Bland, and Brown.

OPINION

Harvey Brown, Justice

This declaratory-judgment action arises from a dispute between Waller County and Terry Holcomb, Sr. as to whether the County may bar holders of concealed-handgun licenses, like Holcomb, from entering the Waller County Courthouse with a handgun, and whether signage purporting to do so violates Section 411.209(a) of the Government Code. The County obtained a declaratory judgment that its signage does not violate Section 411.209(a), and Holcomb appeals. We reverse the trial court’s judgment and remand the case to the district court with instructions to dismiss the County’s suit for lack of subject-matter jurisdiction after it holds further proceedings for the limited purpose of awarding to Holcomb his court costs, reasonable attorney’s fees, other expenses incurred in defending against the action as are equitable and just, and any other relief available under the Texas Citizens Participation Act.

Background

Holders of a concealed-handgun license commit a misdemeanor offense if they carry concealed handguns onto the property of an owner who has posted notice barring firearms from the premises. TEX. PENAL CODE § 30.06(a) – (d). Unlike private property owners, however, the government may not prohibit these armed license holders from entering onto property it owns or leases, unless Sections 46.03 or 46.035 of the Penal Code criminalize the carrying of concealed handguns at the particular location in question. See id. § 30.06(e). Section 46.03 makes it a third-degree felony for anyone, including concealed-handgun license holders, to carry a concealed handgun on "the premises of any government court or offices utilized by the court." Id. § 46.03(a)(3), (f) – (g). "Premises" means "a building or a portion of a building." Id. §§ 46.03(c)(2), 46.035(f)(3).

In 2015, the Legislature enacted Section 411.209 of the Government Code, which forbids state agencies and political subdivisions from posting notices barring entry to armed concealed-handgun license holders unless such entry is prohibited by Sections 46.03 or 46.035 of the Penal Code. TEX. GOV'T CODE § 411.209(a). A citizen may complain to the Attorney General about a violation of this statute, provided that he first gives written notice of the violation to the agency or political subdivision and it is unresponsive. Id. § 411.209(d). The Attorney General in turn must investigate any complaint it receives and determine whether legal action is warranted. Id. § 411.209(f). If so, after providing notice and an opportunity to cure the violation, the Attorney General or the appropriate county or district attorney may file suit or seek a writ of mandamus in Travis County or in the county of the agency’s or political subdivision’s principal office to assess a civil penalty. See id. § 411.209(b) – (c), (e) – (g). The Attorney General may recover its attorney’s fees and other expenses, and the agency’s or subdivision’s sovereign immunity is waived and abolished to the extent of any liability. Id. § 411.209(g) – (h).

In its interpretation of these provisions, the Attorney General has opined that, when buildings house both courts and other governmental offices, state agencies and political subdivisions may prohibit armed concealed-handgun license holders from entering only those portions of the premises occupied by courtrooms and offices used in the operation of the courts, but not the entire building. See Tex. Att'y Gen. Op. Nos. KP-0049 at 4–5 (2015), KP-0047 at 5 (2015). The Waller County Courthouse includes courtrooms and offices used in the operation of these courts, but it also houses the county auditor’s, treasurer’s, elections, and veteran services offices. The County has posted notices that state in capital letters:

Pursuant to Texas Penal Code Section 46.03(a)(3), a person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a) on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court. Violators may be charged with a third degree felony.

Terry Holcomb, Sr. sent a letter to Waller County in which he contended that its signage barring entry to armed concealed-handgun license holders violates Section 411.209(a). The County then filed this declaratory-judgment action in the Waller County district court. It sought a declaration that Section 46.03(a)(3) of the Penal Code prohibits the carrying of firearms throughout the entire courthouse and that the courthouse’s signage therefore does not violate Section 411.209(a) of the Government Code. The County also sought to recover its costs and attorney’s fees from Holcomb.

Holcomb filed a plea to the trial court’s jurisdiction, contending that there was not a justiciable controversy between him and the County and that the scope of Section 46.03(a)(3) could only be adjudicated in a criminal proceeding. He also moved to dismiss the County’s suit based on the Texas Citizens Participation Act. See TEX. CIV. PRAC. & REM. CODE §§ 27.001 –.011.¹ The County moved for summary judgment.

The trial court denied Holcomb’s jurisdictional plea and dismissal motion and granted the County’s request for declaratory relief. It made findings of fact and conclusions of law, including the following:

• "This Court has jurisdiction to hear this matter under the Uniform Declaratory Judgments Act in Chapter 37 of the Texas Civil Practice and Remedies Code, and pursuant to its inherent powers in equity, and the relief sought is within the jurisdiction of this Court."

• "The legislative history of the provisions of § 46.03(a)(3) establishes as a matter of law that the phrase ‘on the premises of a court or offices utilized by the court’ means an entire courthouse or building housing a court."

• "The legislative history of the provisions of § 46.03(a)(3), as well as the plain language of the statute itself, establishes as a matter of law that prohibiting handguns from being brought into a courthouse or building housing a court or court offices was the purpose of the law."

• " Penal Code § 46.03(a)(3) prohibits all firearms and other weapons in the entire government building that houses a court."

• " Penal Code § 46.03(a)(3) prohibits an individual from carrying firearms and other prohibited weapons throughout the entire building of the Waller County Courthouse, it being a building that houses a court or court offices."

• "The signs at issue, including but not limited to those posted by Waller County, at the Waller County Courthouse, being a building that houses a court or court offices, do not violate Government Code § 411.209."

Holcomb appeals.

Lack of Subject-Matter Jurisdiction

A court must assure itself that there is jurisdiction to hear a suit. See City of Houston v. Rhule , 417 S.W.3d 440, 442 (Tex. 2013) (per curiam). Whether subject-matter jurisdiction exists is a question of law that we review de novo. Id.

The Uniform Declaratory Judgments Act is a procedural device for deciding cases within the trial court’s jurisdiction. TEX. CIV. PRAC. & REM. CODE § 37.003(a) ; Wells Fargo Bank, N.A. v. Murphy , 458 S.W.3d 912, 916 (Tex. 2015). The Act is not an independent grant of subject-matter jurisdiction. Murphy , 458 S.W.3d at 916.

Implicit in the concept of subject-matter jurisdiction is a requirement that the plaintiff have standing to pursue the asserted claims. Linegar v. DLA Piper LLP (US) , 495 S.W.3d 276, 279 (Tex. 2016). A plaintiff must be personally aggrieved to have standing. M.D. Anderson Cancer Ctr. v. Novak , 52 S.W.3d 704, 707–08 (Tex. 2001). Its injury must be fairly traceable to the defendant’s wrongful conduct and likely to be redressed by the requested relief. Heckman v. Williamson Cty. , 369 S.W.3d 137, 154–56 (Tex. 2012). We begin our analysis by identifying the alleged wrong and deciding whether there was a causal connection between the defendant’s actions and the injury caused by the alleged wrong. Linegar , 495 S.W.3d at 279.

Holcomb’s letter to Waller County providing notice of an ostensible violation of Section 411.209(a) is the basis for the County’s suit against him. As a matter of law, however, writing a letter to a political subdivision to complain about its allegedly unlawful conduct is not a wrong that confers subject-matter jurisdiction on a court. Holcomb had a statutory right to notify the County of his contention that its courthouse signage violates the Government Code and request that the County cure this violation. TEX. GOV'T CODE § 411.209(d). Even in the absence of a statute, he had a constitutional right to "apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance." TEX. CONST . art. I, § 27. Waller County cannot ensnarl Holcomb in a declaratory-judgment action seeking a determination that its signage is lawful on the ground that Holcomb wrote a letter to the County saying otherwise. Holcomb’s letter therefore does not constitute a redressable wrong. See Tex. Beef Cattle Co. v. Green , 921 S.W.2d 203, 211 (Tex. 1996).

Nor can the County fairly trace any injury to Holcomb’s letter. While Holcomb had a right to write the County about an ostensible violation of Section 411.209(a) and complain to the Attorney General if the County failed to act, he could not have filed suit over the matter. See TEX. GOV'T CODE § 411.209(d). The Attorney General alone has the authority to investigate an alleged violation and...