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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of a concealed handgun on the premises of |
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certain businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.61(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f) or (i), the |
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commission or administrator shall cancel an original or renewal |
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permit if it is found, after notice and hearing, that the permittee |
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knowingly allowed a person to possess a firearm in a building on the |
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licensed premises. This subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a permittee or an employee of a permittee if |
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the person is supervising the operation of the premises; or |
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(4) who: |
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(A) on the premises of a business described by |
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Section 46.035(b)(1), Penal Code, that displays the sign described |
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by Section 411.204(c-1), Government Code, possesses a concealed |
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handgun the person is licensed to carry under Subchapter H, Chapter |
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411, Government Code; or |
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(B) on the premises of a business other than a |
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business described by Section 46.035(b)(1), Penal Code, possesses a |
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handgun the person is licensed to carry under Subchapter H, Chapter |
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411, Government Code [, unless the person is on the premises of a
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business described by Section 46.035(b)(1), Penal Code]. |
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SECTION 2. Section 61.71(f), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(f) Except as provided by Subsection (g) or (j), the |
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commission or administrator shall cancel an original or renewal |
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dealer's on-premises or off-premises license if it is found, after |
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notice and hearing, that the licensee knowingly allowed a person to |
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possess a firearm in a building on the licensed premises. This |
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subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a licensee or an employee of a licensee if |
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the person is supervising the operation of the premises; or |
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(4) who: |
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(A) on the premises of a business described by |
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Section 46.035(b)(1), Penal Code, that displays the sign described |
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by Section 411.204(c-1), Government Code, possesses a concealed |
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handgun the person is licensed to carry under Subchapter H, Chapter |
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411, Government Code; or |
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(B) on the premises of a business other than a |
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business described by Section 46.035(b)(1), Penal Code, possesses a |
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handgun the person is licensed to carry under Subchapter H, Chapter |
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411, Government Code [, unless the person is on the premises of a
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business described by Section 46.035(b)(1), Penal Code]. |
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SECTION 3. Section 411.204, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c-1) to read as |
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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 51 percent or more of its income from the sale of alcoholic |
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beverages for on-premises consumption as determined by the Texas |
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Alcoholic Beverage Commission under Section 104.06, Alcoholic |
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Beverage Code, shall prominently display at each entrance to the |
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business premises a sign that complies with the requirements of |
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Subsection (c) or (c-1). |
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(c-1) A business to which Subsection (a) applies may |
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display, in lieu of the sign described by Subsection (c), a sign |
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that gives notice in both English and Spanish that it is unlawful |
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for a person licensed under this subchapter to carry a partially or |
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wholly visible handgun on the premises. The sign must otherwise |
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comply with the requirements of Subsection (c). |
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SECTION 4. Section 46.035, Penal Code, is amended by |
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amending Subsection (k) and adding Subsection (m) to read as |
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follows: |
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(k) It is a defense to prosecution under Subsection (b)(1) |
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that the actor was not given effective notice under Section |
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411.204(c) or (c-1), Government Code, that the actor's conduct was |
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unlawful. |
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(m) It is an exception to the application of Subsection |
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(b)(1) that the actor, at the time of the commission of the offense, |
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was carrying a concealed handgun on the premises of a business that |
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displayed the sign described by Section 411.204(c-1), Government |
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Code. |
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SECTION 5. The change in law made by this Act to Section |
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46.035, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |