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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 729

81R3150 SJM-F                                                                                                                 By: Hegar

                                                                                                                                   Criminal Justice

                                                                                                                                            2/27/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for carrying the concealed handgun into an establishment that derives 51 percent or more of its income from the sale of alcoholic beverages even if the establishment has failed to post the statutorily required  notice that the establishment derives 51 percent or more of its income from the sale of alcoholic beverages.

 

As proposed,  S.B. 729  provides a defense to prosecution for a concealed handgun licensee who violates the prohibition on carrying a concealed handgun into an establishment that derives 51 percent or more of its income from the sale of alcoholic beverages if that establishment has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 46.035, Penal Code, by adding Subsection (k), to provide that it is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204 (Notice Required on Certain Premises), Government Code.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2009.