| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to required notice prohibiting firearms at certain |
|
|
businesses selling or serving alcoholic beverages and the |
|
|
prohibition on carrying certain weapons on those premises. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 104.06(c), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(c) If the commission makes a determination under |
|
|
Subsection (a) that a holder of a license or permit receives 51 |
|
|
percent or more of the gross receipts of the premises from the sale |
|
|
or service of alcoholic beverages, except as otherwise required by |
|
|
this subsection the holder shall comply with the requirements of |
|
|
Section 411.204, Government Code, and shall continue to comply with |
|
|
those requirements until the commission determines that the holder |
|
|
receives less than 51 percent of the gross receipts of the premises |
|
|
from the sale or service of alcoholic beverages for on-premises |
|
|
consumption. A business that holds a food and beverage certificate |
|
|
issued under this code is not required to provide notice under |
|
|
Section 411.204, Government Code, regardless of the percentage of |
|
|
its income that is derived from the sale or service of alcoholic |
|
|
beverages for on-premises consumption. |
|
|
SECTION 2. Section 411.204(e), Government Code, is amended |
|
|
to read as follows: |
|
|
(e) This section does not apply to a business that has a food |
|
|
and beverage certificate issued under the Alcoholic Beverage Code, |
|
|
regardless of whether the business derives 51 percent or more of its |
|
|
income from the sale or service of alcoholic beverages for |
|
|
on-premises consumption. |
|
|
SECTION 3. Section 46.03(a-1), Penal Code, is amended to |
|
|
read as follows: |
|
|
(a-1) A person commits an offense if the person |
|
|
intentionally, knowingly, or recklessly possesses or goes with a |
|
|
location-restricted knife: |
|
|
(1) on the premises of a business that has a permit or |
|
|
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|
|
Beverage Code, if the business is subject to Section 411.204(a), |
|
|
Government Code, and provides the notice required by that |
|
|
subsection [derives 51 percent or more of its income from the sale |
|
|
or service of alcoholic beverages for on-premises consumption, as |
|
|
determined by the Texas Alcoholic Beverage Commission under Section |
|
|
104.06, Alcoholic Beverage Code]; |
|
|
(2) on the premises where a high school, collegiate, |
|
|
or professional sporting event or interscholastic event is taking |
|
|
place, unless the person is a participant in the event and a |
|
|
location-restricted knife is used in the event; |
|
|
(3) on the premises of a correctional facility; |
|
|
(4) on the premises of a hospital licensed under |
|
|
Chapter 241, Health and Safety Code, or on the premises of a nursing |
|
|
facility licensed under Chapter 242, Health and Safety Code, unless |
|
|
the person has written authorization of the hospital or nursing |
|
|
facility administration, as appropriate; |
|
|
(5) on the premises of a mental hospital, as defined by |
|
|
Section 571.003, Health and Safety Code, unless the person has |
|
|
written authorization of the mental hospital administration; |
|
|
(6) in an amusement park; or |
|
|
(7) on the premises of a church, synagogue, or other |
|
|
established place of religious worship. |
|
|
SECTION 4. Section 46.035(b), Penal Code, is amended to |
|
|
read as follows: |
|
|
(b) A license holder commits an offense if the license |
|
|
holder intentionally, knowingly, or recklessly carries a handgun |
|
|
under the authority of Subchapter H, Chapter 411, Government Code, |
|
|
regardless of whether the handgun is concealed or carried in a |
|
|
shoulder or belt holster, on or about the license holder's person: |
|
|
(1) on the premises of a business that has a permit or |
|
|
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|
|
Beverage Code, if the business is subject to Section 411.204(a), |
|
|
Government Code, and provides the notice required by that |
|
|
subsection [derives 51 percent or more of its income from the sale |
|
|
or service of alcoholic beverages for on-premises consumption, as |
|
|
determined by the Texas Alcoholic Beverage Commission under Section |
|
|
104.06, Alcoholic Beverage Code]; |
|
|
(2) on the premises where a high school, collegiate, |
|
|
or professional sporting event or interscholastic event is taking |
|
|
place, unless the license holder is a participant in the event and a |
|
|
handgun is used in the event; |
|
|
(3) on the premises of a correctional facility; |
|
|
(4) on the premises of a hospital licensed under |
|
|
Chapter 241, Health and Safety Code, or on the premises of a nursing |
|
|
facility licensed under Chapter 242, Health and Safety Code, unless |
|
|
the license holder has written authorization of the hospital or |
|
|
nursing facility administration, as appropriate; |
|
|
(5) in an amusement park; or |
|
|
(6) on the premises of a civil commitment facility. |
|
|
SECTION 5. Section 46.035(k), Penal Code, is repealed. |
|
|
SECTION 6. The change in law made by this Act 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 7. This Act takes effect September 1, 2021. |