HB3428 - Relating to the required notice regarding the possession of a firearm on the premises of certain businesses; providing an administrative penalty.

  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.