411.204 question

[thetexan]

46.035b4 states ...

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:

...(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;

and then goes on to state in (I)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

This establishes that the 30.06 notification procedure is the one to use to prohibit handguns in 241 hospitals and 242 nursing homes.

then...

411.204

(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.

Why the reference to 241 hospitals and 242 nursing homes (the identical language used in 46.035) in a section about 51% signage? Is it referring to hospitals and nursing homes that serve alcohol? Are their such a thing? If not, then what signage? A 10 year imprisonment, 3rd degree felony sign (51% letters not required) for entering therein? If 30.06 already covers the notification process and a offense thereto a Class A misdemeanor, then why and how does TABC get involved in prohibiting guns in 241 hospitals and 242 nursing homes by requiring signs (without the 51% letters) threatening felony imprisonment?

The only thing I can imagine is that there must be 241 hospitals and 242 nursing homes that do serve alcohol. Perhaps in the cafeteria.

Can anyone explain this?

thanks,
tex

[C-dub]

Watching for this answer. I have not seen a 51% sign at any hospital, but seem to remember this being discussed here before. However, I've searched a little and haven't found anything.

[Keith B]

This is old statute that never got removed. You rarely see the 51% signs at the hospitals any more. See this post from our resident expert on it. It's old, but still valid

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