Texas 2017 - 85th Regular

Texas Senate Bill SB449 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2456 KJE-D
2	2	By: Burton S.B. No. 449
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of a concealed handgun on the premises of
8	8	certain businesses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.61(e), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(e) Except as provided by Subsection (f) or (i), the
13	13	commission or administrator shall cancel an original or renewal
14	14	permit if it is found, after notice and hearing, that the permittee
15	15	knowingly allowed a person to possess a firearm in a building on the
16	16	licensed premises. This subsection does not apply to a person:
17	17	(1) who holds a security officer commission issued
18	18	under Chapter 1702, Occupations Code, if:
19	19	(A) the person is engaged in the performance of
20	20	the person's duties as a security officer;
21	21	(B) the person is wearing a distinctive uniform;
22	22	and
23	23	(C) the weapon is in plain view;
24	24	(2) who is a peace officer;
25	25	(3) who is a permittee or an employee of a permittee if
26	26	the person is supervising the operation of the premises; or
27	27	(4) who:
28	28	(A) on the premises of a business described by
29	29	Section 46.035(b)(1), Penal Code, that displays the sign described
30	30	by Section 411.204(c-1), Government Code, possesses a concealed
31	31	handgun the person is licensed to carry under Subchapter H, Chapter
32	32	411, Government Code; or
33	33	(B) on the premises of a business other than a
34	34	business described by Section 46.035(b)(1), Penal Code, possesses a
35	35	handgun the person is licensed to carry under Subchapter H, Chapter
36	36	411, Government Code [, unless the person is on the premises of a
37	37	business described by Section 46.035(b)(1), Penal Code].
38	38	SECTION 2. Section 61.71(f), Alcoholic Beverage Code, is
39	39	amended to read as follows:
40	40	(f) Except as provided by Subsection (g) or (j), the
41	41	commission or administrator shall cancel an original or renewal
42	42	dealer's on-premises or off-premises license if it is found, after
43	43	notice and hearing, that the licensee knowingly allowed a person to
44	44	possess a firearm in a building on the licensed premises. This
45	45	subsection does not apply to a person:
46	46	(1) who holds a security officer commission issued
47	47	under Chapter 1702, Occupations Code, if:
48	48	(A) the person is engaged in the performance of
49	49	the person's duties as a security officer;
50	50	(B) the person is wearing a distinctive uniform;
51	51	and
52	52	(C) the weapon is in plain view;
53	53	(2) who is a peace officer;
54	54	(3) who is a licensee or an employee of a licensee if
55	55	the person is supervising the operation of the premises; or
56	56	(4) who:
57	57	(A) on the premises of a business described by
58	58	Section 46.035(b)(1), Penal Code, that displays the sign described
59	59	by Section 411.204(c-1), Government Code, possesses a concealed
60	60	handgun the person is licensed to carry under Subchapter H, Chapter
61	61	411, Government Code; or
62	62	(B) on the premises of a business other than a
63	63	business described by Section 46.035(b)(1), Penal Code, possesses a
64	64	handgun the person is licensed to carry under Subchapter H, Chapter
65	65	411, Government Code [, unless the person is on the premises of a
66	66	business described by Section 46.035(b)(1), Penal Code].
67	67	SECTION 3. Section 411.204, Government Code, is amended by
68	68	amending Subsection (a) and adding Subsection (c-1) to read as
69	69	follows:
70	70	(a) A business that has a permit or license issued under
71	71	Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that
72	72	derives 51 percent or more of its income from the sale of alcoholic
73	73	beverages for on-premises consumption as determined by the Texas
74	74	Alcoholic Beverage Commission under Section 104.06, Alcoholic
75	75	Beverage Code, shall prominently display at each entrance to the
76	76	business premises a sign that complies with the requirements of
77	77	Subsection (c) or (c-1).
78	78	(c-1) A business to which Subsection (a) applies may
79	79	display, in lieu of the sign described by Subsection (c), a sign
80	80	that gives notice in both English and Spanish that it is unlawful
81	81	for a person licensed under this subchapter to carry a partially or
82	82	wholly visible handgun on the premises. The sign must otherwise
83	83	comply with the requirements of Subsection (c).
84	84	SECTION 4. Section 46.035, Penal Code, is amended by
85	85	amending Subsection (k) and adding Subsection (m) to read as
86	86	follows:
87	87	(k) It is a defense to prosecution under Subsection (b)(1)
88	88	that the actor was not given effective notice under Section
89	89	411.204(c) or (c-1), Government Code, that the actor's conduct was
90	90	unlawful.
91	91	(m) It is an exception to the application of Subsection
92	92	(b)(1) that the actor, at the time of the commission of the offense,
93	93	was carrying a concealed handgun on the premises of a business that
94	94	displayed the sign described by Section 411.204(c-1), Government
95	95	Code.
96	96	SECTION 5. The change in law made by this Act to Section
97	97	46.035, Penal Code, applies only to an offense committed on or after
98	98	the effective date of this Act. An offense committed before the
99	99	effective date of this Act is governed by the law in effect on the
100	100	date the offense was committed, and the former law is continued in
101	101	effect for that purpose. For purposes of this section, an offense
102	102	was committed before the effective date of this Act if any element
103	103	of the offense occurred before that date.
104	104	SECTION 6. This Act takes effect September 1, 2017.