85R2456 KJE-D
By: Burton S.B. No. 449
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a concealed handgun on the premises of
certain businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.61(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who:
(A) on the premises of a business described by
Section 46.035(b)(1), Penal Code, that displays the sign described
by Section 411.204(c-1), Government Code, possesses a concealed
handgun the person is licensed to carry under Subchapter H, Chapter
411, Government Code; or
(B) on the premises of a business other than a
business described by Section 46.035(b)(1), Penal Code, possesses a
handgun the person is licensed to carry under Subchapter H, Chapter
411, Government Code [, unless the person is on the premises of a
business described by Section 46.035(b)(1), Penal Code].
SECTION 2. Section 61.71(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; or
(4) who:
(A) on the premises of a business described by
Section 46.035(b)(1), Penal Code, that displays the sign described
by Section 411.204(c-1), Government Code, possesses a concealed
handgun the person is licensed to carry under Subchapter H, Chapter
411, Government Code; or
(B) on the premises of a business other than a
business described by Section 46.035(b)(1), Penal Code, possesses a
handgun the person is licensed to carry under Subchapter H, Chapter
411, Government Code [, unless the person is on the premises of a
business described by Section 46.035(b)(1), Penal Code].
SECTION 3. Section 411.204, Government Code, is amended by
amending Subsection (a) and adding Subsection (c-1) 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 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) or (c-1).
(c-1) A business to which Subsection (a) applies may
display, in lieu of the sign described by Subsection (c), a sign
that gives notice in both English and Spanish that it is unlawful
for a person licensed under this subchapter to carry a partially or
wholly visible handgun on the premises. The sign must otherwise
comply with the requirements of Subsection (c).
SECTION 4. Section 46.035, Penal Code, is amended by
amending Subsection (k) and adding Subsection (m) to read as
follows:
(k) It is a defense to prosecution under Subsection (b)(1)
that the actor was not given effective notice under Section
411.204(c) or (c-1), Government Code, that the actor's conduct was
unlawful.
(m) It is an exception to the application of Subsection
(b)(1) that the actor, at the time of the commission of the offense,
was carrying a concealed handgun on the premises of a business that
displayed the sign described by Section 411.204(c-1), Government
Code.
SECTION 5. The change in law made by this Act to Section
46.035, Penal Code, 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 6. This Act takes effect September 1, 2017.