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stevie_d_64 wrote:There would be no use for a 51% sign at a hospital as the use of that sign is intended only for businesses that derive more than 51% profits from the "on-premises" consumption of alcohol...

As far as my non lawyer mind can tell.... The confusion lies in my original post. GC §411.204. NOTICE REQUIRED ON CERTAIN PREMISES - states that certain signage is required by certain entities. (1) 51% sign for those that derive more than 51% of their revenue from alcohol sales for on premise consumption. (2) Hospitals. Hospitals are required by GC §411.204 to post signs like the 51% sign but w/o the red 51%. Their sign has nothing to do with alcohol.

Even though hospitals are required to post the sign as described in GC §411.204, as txinvestigator clarified for me, unless the sign they post conforms to 30.06 (which would also conform to GC §411.204, but not necessarily vice-versa), they haven't given effective notice. In other words they 'have' to post according to GC §411.204, but there is no penalty to me unless it also meets 30.06. Apparently there is no penalty to them if they do not post according to GC §411.204 whether or not it meets the requirements of 30.06.

My opinion, worth exactly what you paid for it,

txinvestigator,

Thanks, after reading your post and re-reading the GC section, it now makes sense to me that this is in fact simply instruction to the institution regarding posting of a sign and has no effect on individuals not associated with the institution. I'm bound by 30.06, period.

What doesn't make sense to me is that the instruction given to the institution is not complete. If they want to prohibit carry, they woud have to use the language in 30.06. If they follow the instruction given in 'GC §411.204. NOTICE REQUIRED ON CERTAIN PREMISES', the odds are pretty low they will coincidently get the words required in 30.06 for effective notice correct!

Also, wouldn't 411.024 REQUIRE posting at hospitals and nursing homes? I guess no penaty to them the means no concern to them. I know carry is allowed unless 30.06 posted, so it's not a concern, to me I'm just curious. Perhaps this requirements is superceded elsewhere....

Thanks,

Gary

In doing some research, I came across the following, that would indicate to me a circumstance where effective notice against concealed carry would not have to conform to the requirements of 30.06. Below is a section of the GC that indicates to me, the non-lawyer, that a hospital or nursing home can give notice with requirements similar to 30.06, but not requiring the exact language of 30.06.

In re-reading 30.06, it describes effective notice, but it also does not exclude other notice. Of course other notice is not enforcable unless it is described elsewhere in the Codes, perhaps as shown below. Again, I'm obviously not a lawyer, but find this very interesting.

Any comments or opinions. I'm continuing to dig, but want to go ahead and post what I have found.

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.