Texas 2021 - 87th Regular

Texas House Bill HB1379 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R5757 TSS-D
2		-	By: Patterson, White, Dominguez, H.B. No. 1379
3		-	Morales of Maverick, et al.
	2	+	By: Patterson H.B. No. 1379
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to required notice prohibiting firearms at certain
9	8		businesses selling or serving alcoholic beverages and the
10	9		prohibition on carrying certain weapons on those premises.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Sections 104.06(a) and (c), Alcoholic Beverage
13	12		Code, are amended to read as follows:
14	13		(a) On the issuance and renewal of a license or permit that
15	14		allows on-premises consumption of any alcoholic beverage the
16	15		commission shall determine whether the holder receives, or for the
17	16		issuance of a license or permit is to receive, more than 60 [51]
18	17		percent [or more] of the gross receipts of the premises for which
19	18		the license or permit is issued from the holder's sale or service of
20	19		alcoholic beverages for on-premises consumption.
21	20		(c) If the commission makes a determination under
22	21		Subsection (a) that a holder of a license or permit receives more
23	22		than 60 [51] percent [or more] of the gross receipts of the premises
24	23		from the sale or service of alcoholic beverages, the holder shall
25	24		comply with the requirements of Section 411.204, Government Code,
26	25		and shall continue to comply with those requirements until the
27	26		commission determines that the holder receives 60 [less than 51]
28	27		percent or less of the gross receipts of the premises from the sale
29	28		or service of alcoholic beverages for on-premises consumption.
30	29		SECTION 2. Sections 411.204(a), (b), and (c), Government
31	30		Code, are amended to read as follows:
32	31		(a) A business that has a permit or license issued under
33	32		Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that
34	33		derives more than 60 [51] percent [or more] of its income from the
35	34		sale of alcoholic beverages for on-premises consumption as
36	35		determined by the Texas Alcoholic Beverage Commission under Section
37	36		104.06, Alcoholic Beverage Code, shall prominently display at each
38	37		entrance to the business premises a sign that complies with the
39	38		requirements of Subsection (c).
40	39		(b) A hospital licensed under Chapter 241, Health and Safety
41	40		Code, or a nursing home licensed under Chapter 242, Health and
42	41		Safety Code, shall prominently display at each entrance to the
43	42		hospital or nursing home, as appropriate, a sign that complies with
44	43		the requirements of Subsection (c) other than the requirement that
45	44		the sign include on its face the number "60" ["51"].
46	45		(c) The sign required under Subsections (a) and (b) must
47	46		give notice in both English and Spanish that it is unlawful for a
48	47		person licensed under this subchapter to carry a handgun on the
49	48		premises. The sign must appear in contrasting colors with block
50	49		letters at least one inch in height and must include on its face the
51	50		number "60" ["51"] printed in solid red at least five inches in
52	51		height. The sign shall be displayed in a conspicuous manner clearly
53	52		visible to the public.
54	53		SECTION 3. Section 46.03(a-1), Penal Code, is amended to
55	54		read as follows:
56	55		(a-1) A person commits an offense if the person
57	56		intentionally, knowingly, or recklessly possesses or goes with a
58	57		location-restricted knife:
59	58		(1) on the premises of a business that has a permit or
60	59		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
61	60		Beverage Code, if the business derives more than 60 [51] percent [or
62	61		more] of its income from the sale or service of alcoholic beverages
63	62		for on-premises consumption, as determined by the Texas Alcoholic
64	63		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
65	64		(2) on the premises where a high school, collegiate,
66	65		or professional sporting event or interscholastic event is taking
67	66		place, unless the person is a participant in the event and a
68	67		location-restricted knife is used in the event;
69	68		(3) on the premises of a correctional facility;
70	69		(4) on the premises of a hospital licensed under
71	70		Chapter 241, Health and Safety Code, or on the premises of a nursing
72	71		facility licensed under Chapter 242, Health and Safety Code, unless
73	72		the person has written authorization of the hospital or nursing
74	73		facility administration, as appropriate;
75	74		(5) on the premises of a mental hospital, as defined by
76	75		Section 571.003, Health and Safety Code, unless the person has
77	76		written authorization of the mental hospital administration;
78	77		(6) in an amusement park; or
79	78		(7) on the premises of a church, synagogue, or other
80	79		established place of religious worship.
81	80		SECTION 4. Section 46.035(b), Penal Code, is amended to
82	81		read as follows:
83	82		(b) A license holder commits an offense if the license
84	83		holder intentionally, knowingly, or recklessly carries a handgun
85	84		under the authority of Subchapter H, Chapter 411, Government Code,
86	85		regardless of whether the handgun is concealed or carried in a
87	86		shoulder or belt holster, on or about the license holder's person:
88	87		(1) on the premises of a business that has a permit or
89	88		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
90	89		Beverage Code, if the business derives more than 60 [51] percent [or
91	90		more] of its income from the sale or service of alcoholic beverages
92	91		for on-premises consumption, as determined by the Texas Alcoholic
93	92		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
94	93		(2) on the premises where a high school, collegiate,
95	94		or professional sporting event or interscholastic event is taking
96	95		place, unless the license holder is a participant in the event and a
97	96		handgun is used in the event;
98	97		(3) on the premises of a correctional facility;
99	98		(4) on the premises of a hospital licensed under
100	99		Chapter 241, Health and Safety Code, or on the premises of a nursing
101	100		facility licensed under Chapter 242, Health and Safety Code, unless
102	101		the license holder has written authorization of the hospital or
103	102		nursing facility administration, as appropriate;
104	103		(5) in an amusement park; or
105	104		(6) on the premises of a civil commitment facility.
106	105		SECTION 5. Section 411.204(e), Government Code, is
107	106		repealed.
108	107		SECTION 6. The change in law made by this Act applies only
109	108		to an offense committed on or after the effective date of this Act.
110	109		An offense committed before the effective date of this Act is
111	110		governed by the law in effect on the date the offense was committed,
112	111		and the former law is continued in effect for that purpose. For
113	112		purposes of this section, an offense was committed before the
114	113		effective date of this Act if any element of the offense occurred
115	114		before that date.
116	115		SECTION 7. This Act takes effect September 1, 2021.