TexasCHLforum.com

austinrealtor wrote:What do y'all think about removing 411.204(b) from the Government Code? This the statute that requires hospitals to post a useless, meaningless, unenforceable sign - similar to a 51% sign without the red 51%. It causes some confusion, especially amongst newly licensed folks. On the other hand, removing it from the statutes could stir the hornets nest and remind hospitals that aren't currently posting 30.06 signs that they now have to post 30.06 if they want to keep out CHLees.

GC 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.

baldeagle wrote:I would like to see an amendment to Texas Penal Code §46.035 Section h. The law presently reads, "It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9."

However, TPC §9.04 reads THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force."

These two sections are in conflict. I would like to suggest amending §46.05 Section h as follows: "It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force OR THE THREAT OF THE USE OF DEADLY FORCE under Chapter 9."