Texas 2023 - 88th Regular

Texas Senate Bill SB2348 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Springer S.B. No. 2348
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to required notice prohibiting firearms at certain
7	7	businesses selling or serving alcoholic beverages and the
8	8	prohibition on carrying certain weapons on those premises.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 104.06(a) and (c), Alcoholic Beverage
11	11	Code, are amended to read as follows:
12	12	(a) On the issuance and renewal of a license or permit that
13	13	allows on-premises consumption of any alcoholic beverage the
14	14	commission shall determine whether the holder receives, or for the
15	15	issuance of a license or permit is to receive, more than 60 [51]
16	16	percent [or more] of the gross receipts of the premises for which
17	17	the license or permit is issued from the holder's sale or service of
18	18	alcoholic beverages for on-premises consumption.
19	19	(c) If the commission makes a determination under
20	20	Subsection (a) that a holder of a license or permit receives more
21	21	than 60 [51] percent [or more] of the gross receipts of the premises
22	22	from the sale or service of alcoholic beverages, the holder shall
23	23	comply with the requirements of Section 411.204, Government Code,
24	24	and shall continue to comply with those requirements until the
25	25	commission determines that the holder receives 60 [lossthan 51]
26	26	percent or less of the gross receipts of the premises from the sale
27	27	or service of alcoholic beverages for on-premises consumption.
28	28	SECTION 2. Sections 411.204(a), (b), and (c), Government
29	29	Code, are amended to read as follows:
30	30	(a) A business that has a permit or license issued under
31	31	Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that
32	32	derives more than 60 [51] percent [or more] of its income from the
33	33	sale of alcoholic beverages for on-premises consumption as
34	34	determined by the Texas Alcoholic Beverage Commission under Section
35	35	104.06, Alcoholic Beverage Code, shall prominently display at each
36	36	entrance to the business premises a sign that complies with the
37	37	requirements of Subsection (c).
38	38	(b) A hospital licensed under Chapter 241, Health and Safety
39	39	Code, or a nursing home licensed under Chapter 242, Health and
40	40	Safety Code, shall prominently display at each entrance to the
41	41	hospital or nursing home, as appropriate, a sign that complies with
42	42	the requirements of Subsection (c) other than the requirement that
43	43	the sign include on its face the number "60" ["51"].
44	44	(c) The sign required under Subsections (a) and (b) must
45	45	give notice in both English and Spanish that it is unlawful for a
46	46	person licensed under this subchapter to carry a handgun on the
47	47	premises. The sign must appear in contrasting colors with block
48	48	letters at least one inch in height and must include on its face the
49	49	number "60" ["51"] printed in solid red at least five inches in
50	50	height. The sign shall be displayed in a conspicuous manner clearly
51	51	visible to the public.
52	52	SECTION 3. Section 46.03(a-1), Penal Code, is amended to
53	53	read as follows:
54	54	(a-1) A person commits an offense if the person
55	55	intentionally, knowingly, or recklessly possesses or goes with a
56	56	location-restricted knife:
57	57	(1) on the premises of a business that has a permit or
58	58	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
59	59	Beverage Code, if the business derives more than 60 [51] percent [or
60	60	more] of its income from the sale or service of alcoholic beverages
61	61	for on-premises consumption, as determined by the Texas Alcoholic
62	62	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
63	63	(2) on the premises where a high school, collegiate,
64	64	or professional sporting event or interscholastic event is taking
65	65	place, unless the person is a participant in the event and a
66	66	location-restricted knife is used in the event;
67	67	(3) on the premises of a correctional facility;
68	68	(4) on the premises of a hospital licensed under
69	69	Chapter 241, Health and Safety Code, or on the premises of a nursing
70	70	facility licensed under Chapter 242, Health and Safety Code, unless
71	71	the person has written authorization of the hospital or nursing
72	72	facility administration, as appropriate;
73	73	(5) on the premises of a mental hospital, as defined by
74	74	Section 571.003, Health and Safety Code, unless the person has
75	75	written authorization of the mental hospital administration;
76	76	(6) in an amusement park; or
77	77	(7) on the premises of a church, synagogue, or other
78	78	established place of religious worship.
79	79	SECTION 4. Section 46.035(b), Penal Code, is amended to
80	80	read as follows:
81	81	(b) A license holder commits an offense if the license
82	82	holder intentionally, knowingly, or recklessly carries a handgun
83	83	under the authority of Subchapter H, Chapter 411, Government Code,
84	84	regardless of whether the handgun is concealed or carried in a
85	85	shoulder or belt holster, on or about the license holder's person:
86	86	(1) on the premises of a business that has a permit or
87	87	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
88	88	Beverage Code, if the business derives more than 60 [51] percent [or
89	89	more] of its income from the sale or service of alcoholic beverages
90	90	for on-premises consumption, as determined by the Texas Alcoholic
91	91	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
92	92	(2) on the premises where a high school, collegiate,
93	93	or professional sporting event or interscholastic event is taking
94	94	place, unless the license holder is a participant in the event and a
95	95	handgun is used in the event;
96	96	(3) on the premises of a correctional facility;
97	97	(4) on the premises of a hospital licensed under
98	98	Chapter 241, Health and Safety Code, or on the premises of a nursing
99	99	facility licensed under Chapter 242, Health and Safety Code, unless
100	100	the license holder has written authorization of the hospital or
101	101	nursing facility administration, as appropriate;
102	102	(5) in an amusement park; or
103	103	(6) on the premises of a civil commitment facility.
104	104	SECTION 5. Section 411.204(e), Government Code, is
105	105	repealed.
106	106	SECTION 6. The change in law made by this Act applies only
107	107	to an offense committed on or after the effective date of this Act.
108	108	An offense committed before the effective date of this Act is
109	109	governed by the law in effect on the date the offense was committed,
110	110	and the former law is continued in effect for that purpose. For
111	111	purposes of this section, an offense was committed before the
112	112	effective date of this Act if any element of the offense occurred
113	113	before that date.
114	114	SECTION 7. This Act takes effect September 1, 2023.