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A BILL TO BE ENTITLED
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AN ACT
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relating to the places where a person may carry a handgun if the |
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person is licensed to carry a concealed handgun; amending |
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provisions subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.06(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is a Class C misdemeanor |
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punishable by a fine not to exceed $200, except that the offense is |
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a Class A misdemeanor if it is shown on the trial of the offense |
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that, after entering the property, the license holder was |
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personally given the notice by oral communication described by |
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Subsection (b) and subsequently failed to depart. |
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SECTION 2. Section 46.03, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, illegal |
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knife, club, or prohibited weapon listed in Section 46.05(a): |
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(1) unless pursuant to written regulations or written |
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authorization of a school or educational institution, and |
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regardless of whether the school or educational institution is |
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public or private, on: |
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(A) the physical premises of the [a] school or |
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educational institution; |
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(B) the portion of[,] any grounds or building on |
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which an activity sponsored by the [a] school or educational |
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institution is being conducted; [,] or |
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(C) a passenger transportation vehicle of the [a] |
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school or educational institution[, whether the school or
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educational institution is public or private, unless pursuant to
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written regulations or written authorization of the institution]; |
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(2) on the portion of the premises of a polling place |
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where voting or other election-related activities are occurring on |
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the day of an election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited. |
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(b-1) It is a defense to prosecution under Subsection |
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(a)(1)(B) that at the time of the commission of the offense: |
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(1) the actor was carrying a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, and no |
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other weapon to which this section applies; |
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(2) the actor was not otherwise prohibited from |
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carrying the handgun under another provision of this code or other |
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law; |
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(3) the activity sponsored by the school or |
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educational institution was a field trip; and |
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(4) the actor was not a student, teacher, school or |
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school district administrator, or chaperone taking the field trip. |
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SECTION 3. Section 46.035, Penal Code, as amended by |
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Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended to read as follows: |
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Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE |
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HOLDER. (a) A license holder commits an offense if the license |
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holder carries a handgun on or about the license holder's person |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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and intentionally displays the handgun in plain view of another |
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person in a public place. |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, on or about the |
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license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; or |
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(3) on the premises of a correctional facility[;
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[(4)
on the premises of a hospital licensed under
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Chapter 241, Health and Safety Code, or on the premises of a nursing
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home licensed under Chapter 242, Health and Safety Code, unless the
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license holder has written authorization of the hospital or nursing
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home administration, as appropriate;
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[(5) in an amusement park; or
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[(6)
on the premises of a church, synagogue, or other
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established place of religious worship]. |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, at any meeting of a |
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governmental entity. |
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(d) A license holder commits an offense if, while |
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intoxicated, the license holder carries a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, regardless |
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of whether the handgun is concealed. |
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(e) A license holder who is licensed as a security officer |
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under Chapter 1702, Occupations Code, and employed as a security |
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officer commits an offense if, while in the course and scope of the |
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security officer's employment, the security officer violates a |
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provision of Subchapter H, Chapter 411, Government Code. |
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(f) In this section: |
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(1) ["Amusement park" means a permanent indoor or
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outdoor facility or park where amusement rides are available for
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use by the public that is located in a county with a population of
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more than one million, encompasses at least 75 acres in surface
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area, is enclosed with access only through controlled entries, is
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open for operation more than 120 days in each calendar year, and has
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security guards on the premises at all times. The term does not
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include any public or private driveway, street, sidewalk or
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walkway, parking lot, parking garage, or other parking area.
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[(2)] "License holder" means a person licensed to |
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carry a handgun under Subchapter H, Chapter 411, Government Code. |
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(2) [(3)] "Premises" means a building or a portion of |
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a building. The term does not include any public or private |
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driveway, street, sidewalk or walkway, parking lot, parking garage, |
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or other parking area. |
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(g) An offense under this section [Subsection (a), (b), (c),
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(d), or (e)] is a Class C [A] misdemeanor, unless the offense is |
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committed under Subsection (d) or the license holder has previously |
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been convicted of an offense under this section [(b)(1) or (b)(3)], |
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in which event the offense is a Class A misdemeanor [felony of the
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third degree]. |
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(h) It is a defense to prosecution under Subsection (a) that |
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the actor, at the time of the commission of the offense, displayed |
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the handgun under circumstances in which the actor would have been |
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justified in the use of force or deadly force under Chapter 9. |
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(h-1) It is a defense to prosecution under Subsections (b) |
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and (c) that the actor, at the time of the commission of the |
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offense, was: |
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(1) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(2) a bailiff designated by the active judicial |
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officer and engaged in escorting the officer. |
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[(h-1) It is a defense to prosecution under Subsections
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(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
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of the offense, the actor was:
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[(1) a judge or justice of a federal court;
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[(2)
an active judicial officer, as defined by Section
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411.201, Government Code; or
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[(3)
a district attorney, assistant district
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attorney, criminal district attorney, assistant criminal district
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attorney, county attorney, or assistant county attorney.] |
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(i) Subsection [Subsections (b)(4), (b)(5), (b)(6), and] |
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(c) does [do] not apply if the actor was not given effective notice |
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under Section 30.06. |
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(j) Subsections (a) and (b)(1) do not apply to a historical |
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reenactment performed in compliance with the rules of the Texas |
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Alcoholic Beverage Commission. |
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(k) It is a defense to prosecution under Subsection (b)(1) |
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that the actor was not given effective notice under Section |
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411.204, Government Code. |
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SECTION 4. Section 411.201(a)(2), Government Code, is |
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amended to read as follows: |
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(2) "Retired judicial officer" means: |
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(A) a special judge appointed under Section |
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26.023 or 26.024; [or] |
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(B) a senior judge designated under Section |
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75.001 or a judicial officer as designated or defined by Section |
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75.001, 831.001, or 836.001; or |
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(C) a retired federal judge who is a resident of |
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this state. |
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SECTION 5. Section 411.204(c), Government Code, is amended |
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to read as follows: |
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(c) The sign required under Subsection [Subsections] (a) |
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[and (b)] must give notice in both English and Spanish that it is |
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unlawful for a person licensed under this subchapter to carry a |
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handgun on the premises. The sign must appear in contrasting colors |
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with block letters at least one inch in height and must include on |
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its face the number "51" printed in solid red at least five inches |
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in height. The sign shall be displayed in a conspicuous manner |
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clearly visible to the public. |
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SECTION 6. Section 411.204(b), Government Code, is |
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repealed. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect January 1, 2016. |