89R5159 MPF-D
By: Tinderholt H.B. No. 3428
A BILL TO BE ENTITLED
AN ACT
relating to the required notice regarding the possession of a
firearm on the premises of certain businesses; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.06, Alcoholic Beverage Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) If the commission determines that a holder of a license
or permit issued under this code is displaying a sign in violation
of Section 411.204(a-1), Government Code, the commission shall:
(1) impose an administrative penalty in the amount of
$1,000 for the first violation; and
(2) revoke the holder's license or permit for a
subsequent violation.
(e) The commission shall post on the commission's Internet
website a list of the license and permit holders who:
(1) receive 51 percent or more of the gross receipts of
the premises from the sale or service of alcoholic beverages; and
(2) are required to display the sign under Section
411.204, Government Code.
SECTION 2. Section 411.204, Government Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (c) to
read as follows:
(a-1) Only a business described by Subsection (a) may
display a sign described by Subsection (c) on the business's
premises.
(b) A hospital licensed under Chapter 241, Health and Safety
Code, or a nursing home licensed under Chapter 242, Health and
Safety Code, shall prominently display at each entrance to the
hospital or nursing home, as appropriate, a sign that complies with
the requirements of Subsection (c) other than the requirement that
the sign include on its face the number "51" and the phone number
for reporting improperly displayed signs.
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person licensed under this subchapter to carry a handgun on the
premises. The sign must:
(1) appear in contrasting colors with block letters at
least one inch in height;
(2) [and must] include on its face:
(A) the number "51" printed in solid red at least
five inches in height; and
(B) a phone number designated by the Texas
Alcoholic Beverage Commission for reporting a business that is
improperly displaying the sign; and
(3)[. The sign shall] be displayed in a conspicuous
manner clearly visible to the public.
SECTION 3. Sections 104.06(d) and (e), Alcoholic Beverage
Code, and Section 411.204(a-1), Government Code, as added by this
Act, apply only to conduct occurring on or after the effective date
of this Act. Conduct occurring before the effective date of this Act
is governed by the law in effect when the conduct occurred, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.