Bill Text: TX SB449 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the carrying of a concealed handgun on the premises of certain businesses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-06 - Referred to Business & Commerce [SB449 Detail]
Download: Texas-2017-SB449-Introduced.html
85R2456 KJE-D | ||
By: Burton | S.B. No. 449 |
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relating to the carrying of a concealed handgun on the premises of | ||
certain businesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.61(e), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(e) Except as provided by Subsection (f) or (i), the | ||
commission or administrator shall cancel an original or renewal | ||
permit if it is found, after notice and hearing, that the permittee | ||
knowingly allowed a person to possess a firearm in a building on the | ||
licensed premises. This subsection does not apply to a person: | ||
(1) who holds a security officer commission issued | ||
under Chapter 1702, Occupations Code, if: | ||
(A) the person is engaged in the performance of | ||
the person's duties as a security officer; | ||
(B) the person is wearing a distinctive uniform; | ||
and | ||
(C) the weapon is in plain view; | ||
(2) who is a peace officer; | ||
(3) who is a permittee or an employee of a permittee if | ||
the person is supervising the operation of the premises; or | ||
(4) who: | ||
(A) on the premises of a business described by | ||
Section 46.035(b)(1), Penal Code, that displays the sign described | ||
by Section 411.204(c-1), Government Code, possesses a concealed | ||
handgun the person is licensed to carry under Subchapter H, Chapter | ||
411, Government Code; or | ||
(B) on the premises of a business other than a | ||
business described by Section 46.035(b)(1), Penal Code, possesses a | ||
handgun the person is licensed to carry under Subchapter H, Chapter | ||
411, Government Code [ |
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SECTION 2. Section 61.71(f), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(f) Except as provided by Subsection (g) or (j), the | ||
commission or administrator shall cancel an original or renewal | ||
dealer's on-premises or off-premises license if it is found, after | ||
notice and hearing, that the licensee knowingly allowed a person to | ||
possess a firearm in a building on the licensed premises. This | ||
subsection does not apply to a person: | ||
(1) who holds a security officer commission issued | ||
under Chapter 1702, Occupations Code, if: | ||
(A) the person is engaged in the performance of | ||
the person's duties as a security officer; | ||
(B) the person is wearing a distinctive uniform; | ||
and | ||
(C) the weapon is in plain view; | ||
(2) who is a peace officer; | ||
(3) who is a licensee or an employee of a licensee if | ||
the person is supervising the operation of the premises; or | ||
(4) who: | ||
(A) on the premises of a business described by | ||
Section 46.035(b)(1), Penal Code, that displays the sign described | ||
by Section 411.204(c-1), Government Code, possesses a concealed | ||
handgun the person is licensed to carry under Subchapter H, Chapter | ||
411, Government Code; or | ||
(B) on the premises of a business other than a | ||
business described by Section 46.035(b)(1), Penal Code, possesses a | ||
handgun the person is licensed to carry under Subchapter H, Chapter | ||
411, Government Code [ |
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SECTION 3. Section 411.204, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (c-1) to read as | ||
follows: | ||
(a) A business that has a permit or license issued under | ||
Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that | ||
derives 51 percent or more of its income from the sale of alcoholic | ||
beverages for on-premises consumption as determined by the Texas | ||
Alcoholic Beverage Commission under Section 104.06, Alcoholic | ||
Beverage Code, shall prominently display at each entrance to the | ||
business premises a sign that complies with the requirements of | ||
Subsection (c) or (c-1). | ||
(c-1) A business to which Subsection (a) applies may | ||
display, in lieu of the sign described by Subsection (c), a sign | ||
that gives notice in both English and Spanish that it is unlawful | ||
for a person licensed under this subchapter to carry a partially or | ||
wholly visible handgun on the premises. The sign must otherwise | ||
comply with the requirements of Subsection (c). | ||
SECTION 4. Section 46.035, Penal Code, is amended by | ||
amending Subsection (k) and adding Subsection (m) to read as | ||
follows: | ||
(k) It is a defense to prosecution under Subsection (b)(1) | ||
that the actor was not given effective notice under Section | ||
411.204(c) or (c-1), Government Code, that the actor's conduct was | ||
unlawful. | ||
(m) It is an exception to the application of Subsection | ||
(b)(1) that the actor, at the time of the commission of the offense, | ||
was carrying a concealed handgun on the premises of a business that | ||
displayed the sign described by Section 411.204(c-1), Government | ||
Code. | ||
SECTION 5. The change in law made by this Act to Section | ||
46.035, Penal Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 6. This Act takes effect September 1, 2017. |