| 1 | 1 | | 81R2466 AJA-D |
|---|
| 2 | 2 | | By: Alonzo H.B. No. 3883 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain warning signs required on certain premises. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 11.041(a), Alcoholic Beverage Code, is |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | (a) Each holder of a permit who is not otherwise required to |
|---|
| 12 | 12 | | display a sign under Section 411.204, Government Code, shall |
|---|
| 13 | 13 | | display in a prominent place on the permit holder's premises a sign |
|---|
| 14 | 14 | | giving notice that it is unlawful for a person to carry a weapon on |
|---|
| 15 | 15 | | the premises unless the weapon is a concealed handgun of the same |
|---|
| 16 | 16 | | category the person is licensed to carry under Subchapter H, |
|---|
| 17 | 17 | | Chapter 411, Government Code. The sign must also indicate that the |
|---|
| 18 | 18 | | prohibition does not apply to peace officers or honorably retired |
|---|
| 19 | 19 | | peace officers who, under Section 46.15, Penal Code, or other law, |
|---|
| 20 | 20 | | are exempt from the prohibition. |
|---|
| 21 | 21 | | SECTION 2. Section 61.11(a), Alcoholic Beverage Code, is |
|---|
| 22 | 22 | | amended to read as follows: |
|---|
| 23 | 23 | | (a) Each holder of a license who is not otherwise required |
|---|
| 24 | 24 | | to display a sign under Section 411.204, Government Code, shall |
|---|
| 25 | 25 | | display in a prominent place on the license holder's premises a sign |
|---|
| 26 | 26 | | giving notice that it is unlawful for a person to carry a weapon on |
|---|
| 27 | 27 | | the premises unless the weapon is a concealed handgun of the same |
|---|
| 28 | 28 | | category the person is licensed to carry under Subchapter H, |
|---|
| 29 | 29 | | Chapter 411, Government Code. The sign must also indicate that the |
|---|
| 30 | 30 | | prohibition does not apply to peace officers or honorably retired |
|---|
| 31 | 31 | | peace officers who, under Section 46.15, Penal Code, or other law, |
|---|
| 32 | 32 | | are exempt from the prohibition. |
|---|
| 33 | 33 | | SECTION 3. Section 411.204(c), Government Code, is amended |
|---|
| 34 | 34 | | to read as follows: |
|---|
| 35 | 35 | | (c) The sign required under Subsections (a) and (b) must |
|---|
| 36 | 36 | | give notice in both English and Spanish that it is unlawful for a |
|---|
| 37 | 37 | | person licensed under this subchapter to carry a handgun on the |
|---|
| 38 | 38 | | premises. The sign must also indicate that the prohibition does not |
|---|
| 39 | 39 | | apply to peace officers or honorably retired peace officers who, |
|---|
| 40 | 40 | | under Section 46.15, Penal Code, or other law, are exempt from the |
|---|
| 41 | 41 | | prohibition. The sign must appear in contrasting colors with block |
|---|
| 42 | 42 | | letters at least one inch in height and must include on its face the |
|---|
| 43 | 43 | | number "51" printed in solid red at least five inches in height. |
|---|
| 44 | 44 | | The sign shall be displayed in a conspicuous manner clearly visible |
|---|
| 45 | 45 | | to the public. |
|---|
| 46 | 46 | | SECTION 4. Section 30.06, Penal Code, is amended by |
|---|
| 47 | 47 | | amending Subsection (c) and adding Subsection (f) to read as |
|---|
| 48 | 48 | | follows: |
|---|
| 49 | 49 | | (c) In this section: |
|---|
| 50 | 50 | | (1) "Entry" has the meaning assigned by Section |
|---|
| 51 | 51 | | 30.05(b). |
|---|
| 52 | 52 | | (2) "License holder" has the meaning assigned by |
|---|
| 53 | 53 | | Section 46.035(f). |
|---|
| 54 | 54 | | (3) "Written communication" means: |
|---|
| 55 | 55 | | (A) a card or other document on which is written |
|---|
| 56 | 56 | | language identical to the following: "Pursuant to Section 30.06, |
|---|
| 57 | 57 | | Penal Code (trespass by holder of license to carry a concealed |
|---|
| 58 | 58 | | handgun), a person licensed under Subchapter H, Chapter 411, |
|---|
| 59 | 59 | | Government Code (concealed handgun law), may not enter this |
|---|
| 60 | 60 | | property with a concealed handgun. This prohibition does not apply |
|---|
| 61 | 61 | | to peace officers or honorably retired peace officers."; or |
|---|
| 62 | 62 | | (B) a sign posted on the property that: |
|---|
| 63 | 63 | | (i) includes the language described by |
|---|
| 64 | 64 | | Paragraph (A) in both English and Spanish; |
|---|
| 65 | 65 | | (ii) appears in contrasting colors with |
|---|
| 66 | 66 | | block letters at least one inch in height; and |
|---|
| 67 | 67 | | (iii) is displayed in a conspicuous manner |
|---|
| 68 | 68 | | clearly visible to the public. |
|---|
| 69 | 69 | | (f) It is an exception to the application of this section |
|---|
| 70 | 70 | | that the license holder is a peace officer or honorably retired |
|---|
| 71 | 71 | | peace officer exempted by Section 46.15 or other law from certain |
|---|
| 72 | 72 | | restrictions on the carrying of handguns. |
|---|
| 73 | 73 | | SECTION 5. This Act takes effect September 1, 2009. |
|---|