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Course Outline

Texas Penal Code §46.15 exempts LTC holders from Penal Code §46.02.

Penal Code §46.15 provides defenses to prosecution to Penal Code §46.03. Pursuant to HB 1927 (87th Leg. R.S.), subsections (m) and (n) provide a defense to prosecution for carrying at a location prohibited under §46.03 if the following there was no subsection (o) sign (below), the individual did not know it was a prohibited location, and the individual promptly leaves after receiving notice.

  • Section 46.15(o) describes a sign that may be used to inform the public that the location is a prohibited location under Penal Code §46.03. The sign is not required in order for the location to be prohibited, but the absence of the sign can be a defense (assuming the individual does not know that it is a prohibited location).
  • Section 46.15(q) provides that Penal Code Sections 46.03(a)(7) (51% alcohol establishments), (11) (hospitals), and (13) (amusement parks) do not apply to LTC holders if effective notice was not given under Penal Code Sections 30.06 or 30.07.
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