87R5768 JSC-D
By: Patterson H.B. No. 1378
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.