TexasCHLforum.com

Posted: **Tue Apr 29, 2008 8:41 am**

Vic303 wrote:Medical Center McKinney posts a 51% sign on their doors...in addition to the correct .30-06 sign, and IIRC, a ghostbusters no guns sign even!. But the 51% sign cracks me up!

Are you kidding? You can smell the alcohol as soon as you walk in the door!!

Posted: **Tue Apr 29, 2008 9:00 am**

Hospitals are required by law to post the 51% sign, minus the background 51. (I can't remember where this requirement is in the code.)

- Jim

Posted: **Tue Apr 29, 2008 11:37 am**

I've actually seen a similar sign. I don't know what the heck it is. It's on a hospital as well. I didn't get a pic of it, but I will next time I go through. It looks like a properly worded 30.06 sign, but super imposed over a large 51%. Poor advice on sign making from their lawyer maybe?

Hospitals are required by law to post the 51% sign, minus the background 51. (I can't remember where this requirement is in the code.)

That's retarded. I've never seen a hospital cafeteria with a bar! I'd like to see their rationale behind that one!

Posted: **Tue Apr 29, 2008 2:01 pm**

i summoned my google-fun. The sign is required by GC Â§ 411.204. Only the lege in its infinite wisdom can say why.

- Jim

Posted: **Tue Apr 29, 2008 2:17 pm**

I don't recall ever seeing a 51% sign in a hospital.
Nor a 30.06 sign.

Posted: **Tue Apr 29, 2008 2:40 pm**

Here is the sign on the front door of the Tarrant County Administration Building.
As far as I know there are no courts held in this building.

I know this can probably be ignored by CHL holders now, but I still find it offensive.
And I'm not brave enough to test this.

Posted: **Tue Apr 29, 2008 2:50 pm**

You are correct - that sign is not enforceable to CHLs.

Posted: **Tue Apr 29, 2008 3:09 pm**

Isn't TABC pretty picky about correct signs being put up? I wonder if they could look into the 51% on hospitals thing? It just seems silly to me. I can't possibly fathom why they'd have put that in a health and safety code. Way to go with your Google-Fu, Jim. Thanks. I looked it up as well, and that makes absolutely NO SENSE what so ever!

Â§ 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).
(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".
(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.

Posted: **Tue Apr 29, 2008 4:48 pm**

I've been in and out every entrance to the hospital where I work, and that sign is nowhere to be seen.

Posted: **Tue Apr 29, 2008 9:11 pm**

Tactical_Texan_CHL wrote:Isn't TABC pretty picky about correct signs being put up? I wonder if they could look into the 51% on hospitals thing?

TABC is very picky about the correct signs being posted, BUT they only have authority over places with a license for alcoholic beverages. Since the hospital is not licensed (and probably does not sell any alcoholic drinks), TABC cannot do much about them.

Incidentally, the sign requirement in GC 411.204 is a remnant from before the change to where you can carry. It was actually a good idea when it was passed since the law banned you from hospitals and this requirement let you know if it was a hospital that counted. Then they changed the law and the hospital needs to be properly posted 30.06 but they left this section in (probably by accident).

I have posted before that I am not sure if a person can be charged with this sign due to the contradictory requirements for the law. The hospital has to post this, then would also have to post 30.06, which makes no sense. But you are only required to obey a 30.06 posting which makes this law ineffective, which also makes no sense. I think the courts would throw out a case based on this posting (the 51 sign without the 51) but I also think some DA's would try.

Posted: **Fri May 30, 2008 3:34 pm**

Why is there arguments about if certain signs posted in hospitals are legal or not? Isn't that what the penal code states here

Â§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(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;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate; (5) in an amusement park; or
(6) on the premises of a church, synagogue, or other

Posted: **Fri May 30, 2008 3:47 pm**

Jesse1911, I think you need to update your code:

http://tlo2.tlc.state.tx.us/statutes/do ... 046.00.htm

(which answers your question)

Posted: **Fri May 30, 2008 3:53 pm**

Read all the way down to section (i) where it states hospitals, amusement parks, churches, etc have to post 30.06 signs.

Posted: **Fri May 30, 2008 3:54 pm**

Keep reading on down it tells the exception for chl unless posted 30-06

Posted: **Wed Jun 25, 2008 11:09 pm**

I know it is posted here elsewhere but just to confirm: San Antonio International airport (Terminal 2) has a very legal 30.06 notice posted at all the main entrances coming from the parking lot and well outside the secure area of the airport. Did a little research and the San Antonio airport web site clearly indicates the airport is OWNED and OPERATED by the city of San Antonio.

Rich - N5RAG

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