87R5757 TSS-D
 
  By: Patterson H.B. No. 1379
 
 
 
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.  Sections 104.06(a) and (c), Alcoholic Beverage
  Code, are amended to read as follows:
         (a)  On the issuance and renewal of a license or permit that
  allows on-premises consumption of any alcoholic beverage the
  commission shall determine whether the holder receives, or for the
  issuance of a license or permit is to receive, more than 60 [51]
  percent [or more] of the gross receipts of the premises for which
  the license or permit is issued from the holder's sale or service of
  alcoholic beverages for on-premises consumption.
         (c)  If the commission makes a determination under
  Subsection (a) that a holder of a license or permit receives more
  than 60 [51] percent [or more] of the gross receipts of the premises
  from the sale or service of alcoholic beverages, 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 60 [less than 51]
  percent or less of the gross receipts of the premises from the sale
  or service of alcoholic beverages for on-premises consumption.
         SECTION 2.  Sections 411.204(a), (b), and (c), Government
  Code, are amended 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 more than 60 [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).
         (b)  A hospital licensed under Chapter 241, Health and Safety
  Code, or a nursing home licensed under Chapter 242, Health and
  Safety Code, shall prominently display at each entrance to the
  hospital or nursing home, as appropriate, a sign that complies with
  the requirements of Subsection (c) other than the requirement that
  the sign include on its face the number "60" ["51"].
         (c)  The sign required under Subsections (a) and (b) must
  give notice in both English and Spanish that it is unlawful for a
  person licensed under this subchapter to carry a handgun on the
  premises. The sign must appear in contrasting colors with block
  letters at least one inch in height and must include on its face the
  number "60" ["51"] printed in solid red at least five inches in
  height. The sign shall be displayed in a conspicuous manner clearly
  visible to the public.
         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 derives more than 60 [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 derives more than 60 [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 411.204(e), Government 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.