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" onclick="window.open(this.href);return false;
At least one Pro-CHL Bill passed this session, right? Minor Victory better then none?
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'
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
(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.