1 | 1 | | 89R5159 MPF-D |
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2 | 2 | | By: Tinderholt H.B. No. 3428 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the required notice regarding the possession of a |
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10 | 10 | | firearm on the premises of certain businesses; providing an |
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11 | 11 | | administrative penalty. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 104.06, Alcoholic Beverage Code, is |
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14 | 14 | | amended by adding Subsections (d) and (e) to read as follows: |
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15 | 15 | | (d) If the commission determines that a holder of a license |
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16 | 16 | | or permit issued under this code is displaying a sign in violation |
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17 | 17 | | of Section 411.204(a-1), Government Code, the commission shall: |
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18 | 18 | | (1) impose an administrative penalty in the amount of |
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19 | 19 | | $1,000 for the first violation; and |
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20 | 20 | | (2) revoke the holder's license or permit for a |
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21 | 21 | | subsequent violation. |
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22 | 22 | | (e) The commission shall post on the commission's Internet |
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23 | 23 | | website a list of the license and permit holders who: |
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24 | 24 | | (1) receive 51 percent or more of the gross receipts of |
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25 | 25 | | the premises from the sale or service of alcoholic beverages; and |
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26 | 26 | | (2) are required to display the sign under Section |
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27 | 27 | | 411.204, Government Code. |
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28 | 28 | | SECTION 2. Section 411.204, Government Code, is amended by |
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29 | 29 | | adding Subsection (a-1) and amending Subsections (b) and (c) to |
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30 | 30 | | read as follows: |
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31 | 31 | | (a-1) Only a business described by Subsection (a) may |
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32 | 32 | | display a sign described by Subsection (c) on the business's |
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33 | 33 | | premises. |
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34 | 34 | | (b) A hospital licensed under Chapter 241, Health and Safety |
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35 | 35 | | Code, or a nursing home licensed under Chapter 242, Health and |
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36 | 36 | | Safety Code, shall prominently display at each entrance to the |
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37 | 37 | | hospital or nursing home, as appropriate, a sign that complies with |
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38 | 38 | | the requirements of Subsection (c) other than the requirement that |
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39 | 39 | | the sign include on its face the number "51" and the phone number |
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40 | 40 | | for reporting improperly displayed signs. |
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41 | 41 | | (c) The sign required under Subsections (a) and (b) must |
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42 | 42 | | give notice in both English and Spanish that it is unlawful for a |
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43 | 43 | | person licensed under this subchapter to carry a handgun on the |
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44 | 44 | | premises. The sign must: |
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45 | 45 | | (1) appear in contrasting colors with block letters at |
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46 | 46 | | least one inch in height; |
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47 | 47 | | (2) [and must] include on its face: |
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48 | 48 | | (A) the number "51" printed in solid red at least |
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49 | 49 | | five inches in height; and |
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50 | 50 | | (B) a phone number designated by the Texas |
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51 | 51 | | Alcoholic Beverage Commission for reporting a business that is |
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52 | 52 | | improperly displaying the sign; and |
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53 | 53 | | (3)[. The sign shall] be displayed in a conspicuous |
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54 | 54 | | manner clearly visible to the public. |
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55 | 55 | | SECTION 3. Sections 104.06(d) and (e), Alcoholic Beverage |
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56 | 56 | | Code, and Section 411.204(a-1), Government Code, as added by this |
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57 | 57 | | Act, apply only to conduct occurring on or after the effective date |
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58 | 58 | | of this Act. Conduct occurring before the effective date of this Act |
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59 | 59 | | is governed by the law in effect when the conduct occurred, and the |
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60 | 60 | | former law is continued in effect for that purpose. |
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61 | 61 | | SECTION 4. This Act takes effect September 1, 2025. |
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