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A BILL TO BE ENTITLED
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AN ACT
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relating to required notice prohibiting firearms at certain |
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businesses selling or serving alcoholic beverages and the |
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prohibition on carrying certain weapons on those premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 104.06(a) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) On the issuance and renewal of a license or permit that |
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allows on-premises consumption of any alcoholic beverage the |
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commission shall determine whether the holder receives, or for the |
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issuance of a license or permit is to receive, more than 60 [51] |
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percent [or more] of the gross receipts of the premises for which |
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the license or permit is issued from the holder's sale or service of |
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alcoholic beverages for on-premises consumption. |
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(c) If the commission makes a determination under |
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Subsection (a) that a holder of a license or permit receives more |
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than 60 [51] percent [or more] of the gross receipts of the premises |
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from the sale or service of alcoholic beverages, the holder shall |
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comply with the requirements of Section 411.204, Government Code, |
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and shall continue to comply with those requirements until the |
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commission determines that the holder receives 60 [less than 51] |
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percent or less of the gross receipts of the premises from the sale |
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or service of alcoholic beverages for on-premises consumption. |
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SECTION 2. Sections 411.204(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) A business that has a permit or license issued under |
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Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that |
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derives more than 60 [51] percent [or more] of its income from the |
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sale of alcoholic beverages for on-premises consumption as |
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determined by the Texas Alcoholic Beverage Commission under Section |
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104.06, Alcoholic Beverage Code, shall prominently display at each |
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entrance to the business premises a sign that complies with the |
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requirements of Subsection (c). |
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(b) A hospital licensed under Chapter 241, Health and Safety |
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Code, or a nursing home licensed under Chapter 242, Health and |
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Safety Code, shall prominently display at each entrance to the |
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hospital or nursing home, as appropriate, a sign that complies with |
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the requirements of Subsection (c) other than the requirement that |
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the sign include on its face the number "60" ["51"]. |
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(c) The sign required under Subsections (a) and (b) must |
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give notice in both English and Spanish that it is unlawful for a |
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person licensed under this subchapter to carry a handgun on the |
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premises. The sign must appear in contrasting colors with block |
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letters at least one inch in height and must include on its face the |
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number "60" ["51"] printed in solid red at least five inches in |
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height. The sign shall be displayed in a conspicuous manner clearly |
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visible to the public. |
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SECTION 3. Section 46.03(a-1), Penal Code, is amended to |
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read as follows: |
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(a-1) A person commits an offense if the person |
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intentionally, knowingly, or recklessly possesses or goes with a |
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location-restricted knife: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives more than 60 [51] percent [or |
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more] of its income from the sale or service of alcoholic beverages |
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for on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the person is a participant in the event and a |
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location-restricted knife is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the person has written authorization of the hospital or nursing |
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facility administration, as appropriate; |
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(5) on the premises of a mental hospital, as defined by |
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Section 571.003, Health and Safety Code, unless the person has |
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written authorization of the mental hospital administration; |
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(6) in an amusement park; or |
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(7) on the premises of a church, synagogue, or other |
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established place of religious worship. |
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SECTION 4. Section 46.035(b), Penal Code, is amended to |
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read as follows: |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed or carried in a |
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shoulder or belt holster, on or about the license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives more than 60 [51] percent [or |
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more] of its income from the sale or service of alcoholic beverages |
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for on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the license holder has written authorization of the hospital or |
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nursing facility administration, as appropriate; |
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(5) in an amusement park; or |
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(6) on the premises of a civil commitment facility. |
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SECTION 5. Section 411.204(e), Government Code, is |
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repealed. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2021. |