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I don't know for sure! But when I was reading about HOAs and private/public roads, I came across this: >With regard to law enforcement, the Texas Penal Code de
by tidepod12 6y ago
I don't know for sure! But when I was reading about HOAs and private/public roads, I came across this:
>With regard to law enforcement, the Texas Penal Code defines a “public place” as any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets ... In Woodruff v. State, 899 S.W.2d 443, 445-46 (Tex. App.–Austin 1995, no pet.), the defendant was arrested for driving while intoxicated on the grounds of Bergstrom Air Force Base. The court held that Bergstrom was a public place, even though it was fenced and the only entrance was through a guarded access gate. Is a gated community a place where a “substantial group of the public” has access? The answer is unclear. Some city police departments may adopt a policy to respond to certain types of calls from gated communities, but not others. Again, the problem involves the provision of public funds for private purposes, which is prohibited by the Constitution and state law.
From http://www.jgradyrandlepc.com/local-governmental-entities/gated-communities-private-roads-public-services-practical-guide/ http://www.jgradyrandlepc.com/local-governmental-entities/ga...