A license holder may not carry a handgun on or about the license holder's person under authority of the Act in the following places:

1. (1) On the premises of a business that has a permit or license issued under Alcoholic Beverage Code, Chapters 25, 28, 32, 69, or 74, if the business derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption. Posting is required by the Act, but an establishment's failure to post is not a statutory defense to the license holder. Violation is a third degree felony under Texas Penal Code, §46.035.
2. (2) On the premises of a correctional facility. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.035.
3. (3) On the physical premises of a school, an educational institution, or a passenger transportation vehicle of a school or an educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
4. (4) On the premises of a polling place on the day of an election or while early voting is in progress. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
5. (5) In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
6. (6) On the premises of a racetrack. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
7. (7) Into a secured area of an airport. No posting is required by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.

8. (8) Within 1,000 feet of premises the location of which is designated by the Texas Department of Criminal Justice as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

   1. (A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or
   2. (B) possession a weapon listed under this subsection within 1,000 feet of the premises was prohibited.

Source Note:The provisions of this §6.44 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective August 19, 1999, 24 TexReg 6308; amended to be effective December 25, 2003, 28 TexReg 11340.