Carry in the Workplace (51%)

[GigEm1225]

I've searched and been unable to find a definitive answer on this. I am the manager of a bar/restaurant that is 51% according to TABC. My instructor said that with a CHL I would legally be allowed to carry while at work, and even without a CHL there is a TABC law that gives someone who is in control of the property permission to carry. My boss (the business owner) has told me that I'm the only one he trusts to carry other than himself and I have his full permission, but having permission to do something doesn't always mean it's legal, so I want to make sure before I do carry to work. I've been unable to find any exemptions for prohibited places for carry regarding 51% in the laws, could anyone point me in the right direction? I have been looking in the Texas Penal Code and under the Alcoholic Beverage Code, but not knowing where exactly to look and not understanding a lot of the legal terms makes it kind of difficult.

[denwego]

As the manager acting with owner permission, you're all good to go. There are two primary sections which demonstrate this (which I've cut to save space) -

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; ...

Since you're in control of the premises during your shift as manager, you're good there.

Sec. 46.15. NONAPPLICABILITY... (b) Section 46.02 does not apply to a person who:
(7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises;...

§46.14(b7) is redundant if you ask me, but it does show that it's perfectly clear that it's OK for a TABC license holder or his manager to carry at their premises.

Contrary to popular belief, there's no criminal penalty proscribed in the Alcoholic Beverage Code itself regarding firearms, but there's a provision saying that a licensee/permittee who knowingly allows someone to carry a firearm on those premises can have their license or permit revoked. It doesn't apply to CHL holders, cops, or folks like you, either:

Sec. 61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: (f) Except as provided by Subsection (g) or (j), the commission or administrator shall cancel an original or renewal dealer's on-premises or off-premises license if it is found, after notice and hearing, that the licensee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
(3) who is a licensee or an employee of a licensee if the person is supervising the operation of the premises;...

Hope this helps!