HB 2664 Passes the Senate - Sent to Governor

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dicion
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HB 2664 Passes the Senate - Sent to Governor

Postby dicion » Wed May 27, 2009 5:23 pm

Just got this email today

HB 2664
Relating to creating a defense to prosecution for the offense of unlawful carrying of a handgun by a license holder on the premises of certain businesses.
5/27/2009 S Passed

http://www.legis.state.tx.us/BillLookup ... ill=HB2664

At least one Pro-CHL Bill passed this session, right? Minor Victory better then none? ;-)

SportsCenter Edition:
If a business does NOT have PROPER 51% Signs posted, you can legally carry there.
No more 'catch-22' where businesses didn't have their signs posted properly, or at all, but were still 51% businesses. Now, if they're a 51% Business, but don't have a sign up, it is a defense to prosecution that they did not have it properly displayed.

Also, this makes the 'shall prominently display at each entrance to the business premises' language worth more legal currency. Whereas if they just had it over the Bar before, they were Still a 51% establishment, and it was still illegal. NOW, if the sign is Not 'at each entrance' as the law requires, following the example of 30.06, it will probably not be considered 'effective notice' :mrgreen:

My personal sidebar:
This language is actually possibly 'even better' for CHL's then the 30.06 language. As 30.06 only requires a sign "on the property" that is displayed "in a conspicuous manner". This is very specific exactly where the sign has to be, and, as I read it, even possibly means that if ANY entrance to a premises isn't posted properly, that even if the other ones are, 'effective notice' has not been given.

Takes effect Sept 1st 2009. (Barring a Veto)

New Text Bold and Underlined

§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
...
(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, 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 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;
...
(k) It is a defense to prosecution under Subsection (b)(1)
that the actor was not given effective notice under Section
411.204, Government Code.



§ 411.204. NOTICE REQUIRED ON CERTAIN PREMISES.
(a) A business that has a permit or license issued under Chapter 25, 28,
32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent
or more of its income from the sale of alcoholic beverages for
on-premises consumption as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code,
shall prominently display at each entrance to the business premises
a sign that complies with the requirements of Subsection (c).
...
(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 appear in contrasting colors with block
letters at least one inch in height and must include on its face the
number "51" printed in solid red at least five inches in height.
The sign shall be displayed in a conspicuous manner clearly visible
to the public.
(d) A business that has a permit or license issued under the
Alcoholic Beverage Code and that is not required to display a sign
under this section may be required to display a sign under Section
11.041 or 61.11, Alcoholic Beverage Code.
(e) This section does not apply to a business that has a food
and beverage certificate issued under the Alcoholic Beverage Code.

Last edited by dicion on Sun May 31, 2009 8:34 pm, edited 2 times in total.


Russell
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Re: HB 2664 Passes the Senate

Postby Russell » Fri May 29, 2009 10:34 am

You mean they are still doing work?

After the democrats started "chubbing" in the house, I stopped having hope anything would get passed.
http://www.texas3006.com - Texas 30.06 and 30.07 Signage Database.
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Topic author
dicion
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Location: Houston Northwest

Re: HB 2664 Passes the Senate

Postby dicion » Fri May 29, 2009 5:16 pm

Russell wrote:You mean they are still doing work?

After the democrats started "chubbing" in the house, I stopped having hope anything would get passed.


This wasn't the house, it was the senate :)

The Bill passed the house way back when, before the chubbing. Then it went to the senate, and was passed!
It's a small victory, but a victory nonetheless!

I wonder why noone else has posted here though.. It seems like noone even noticed that this passed, we should be celebrating it!


Russell
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Re: HB 2664 Passes the Senate

Postby Russell » Sat May 30, 2009 12:44 am

dicion wrote:
Russell wrote:You mean they are still doing work?

After the democrats started "chubbing" in the house, I stopped having hope anything would get passed.


This wasn't the house, it was the senate :)

The Bill passed the house way back when, before the chubbing. Then it went to the senate, and was passed!
It's a small victory, but a victory nonetheless!

I wonder why noone else has posted here though.. It seems like noone even noticed that this passed, we should be celebrating it!




I know. I meant the legislature as a whole.
http://www.texas3006.com - Texas 30.06 and 30.07 Signage Database.
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Beiruty
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Re: HB 2664 Passes the Senate

Postby Beiruty » Sat May 30, 2009 6:18 am

Good law, I stop by my favorite sushi bar, that went under extensive remodeling. Now they have a bar with many lounges. One at the table waiting for my little sushi box, I noticed a new 51 notice posted just behind the bar. I was not carrying and I did inquire when this notice has been posted. If I was carrying I would have to leave the premises, go back to my car and leave my HG there. I was caught by surprise, and it fair enough to have a law in our defense in such cases.
Beiruty,
United we stand, dispersed we falter
2014: NRA Endowment member


mr.72
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Re: HB 2664 Passes the Senate

Postby mr.72 » Sat May 30, 2009 8:38 am

Yes I ran into the same situation last week while vacationing at South Padre Island, where a restaurant had a 51% sign behind the bar but there was no way to know it was there until you were already in the restaurant, and then only if you would have looked behind the bar.

Now of course my real opinion is that no matter what, it should not be illegal for someone to carry anywhere they please, and only a private matter if a business desires to restrict what customers they will serve. But given that the law is loaded with these kinds of things making it illegal to carry given some kind of signage, at least this law is now clear and logical. The 30.06 notice law is anything but clear and logical.
non-conformist CHL holder

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C-dub
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Re: HB 2664 Passes the Senate

Postby C-dub » Sat May 30, 2009 8:42 am

Doesn't the "51" sign also have to be at the entrances?
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.


Topic author
dicion
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Re: HB 2664 Passes the Senate

Postby dicion » Sat May 30, 2009 10:54 am

C-dub wrote:Doesn't the "51" sign also have to be at the entrances?


By my interpretation of the bill, if signed, yes, it will have to be at ALL entrances. A 51% sign simply posted over the bar does NOT meet the requirements.

Lack of the sign at All entrances is a defense to prosecution.


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