bill limiting the red “51” sign to alcohol-heavy businesses

The text as introduced · 481 words

89R5159 MPF-D

By: Tinderholt
H.B. No. 3428

A BILL TO BE ENTITLED

AN ACT

relating to the required notice regarding the possession of a

firearm on the premises of certain businesses; providing an

administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 104.06, Alcoholic Beverage Code, is

amended by adding Subsections (d) and (e) to read as follows:

(d) If the commission determines that a holder of a license

or permit issued under this code is displaying a sign in violation

of Section 411.204(a-1), Government Code, the commission shall:

(1) impose an administrative penalty in the amount of

$1,000 for the first violation; and

(2) revoke the holder's license or permit for a

subsequent violation.

(e) The commission shall post on the commission's Internet

website a list of the license and permit holders who:

(1) receive 51 percent or more of the gross receipts of

the premises from the sale or service of alcoholic beverages; and

(2) are required to display the sign under Section

411.204, Government Code.

SECTION 2. Section 411.204, Government Code, is amended by

adding Subsection (a-1) and amending Subsections (b) and (c) to

read as follows:

(a-1) Only a business described by Subsection (a) may

display a sign described by Subsection (c) on the business's

premises.

(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" and the phone number

for reporting improperly displayed signs .

(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 :

(1) appear in contrasting colors with block letters at

least one inch in height ;

(2) [ and must ] include on its face :

(A) the number "51" printed in solid red at least

five inches in height ; and

(B) a phone number designated by the Texas

Alcoholic Beverage Commission for reporting a business that is

improperly displaying the sign; and

(3) [ . The sign shall ] be displayed in a conspicuous

manner clearly visible to the public.

SECTION 3. Sections 104.06(d) and (e), Alcoholic Beverage

Code, and Section 411.204(a-1), Government Code, as added by this

Act, apply only to conduct occurring on or after the effective date

of this Act. Conduct occurring before the effective date of this Act

is governed by the law in effect when the conduct occurred, and the

former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.