By:  Danburg                                           H.B. No. 413
       73R53 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to alcoholic beverage permit or license restrictions
    1-3  resulting from certain criminal violations.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.46(c), Alcoholic Beverage Code, is
    1-6  amended to read as follows:
    1-7        (c)  The commission or administrator shall refuse to issue
    1-8  for a period of one year after cancellation a mixed beverage permit
    1-9  or private club registration permit for a premises where a license
   1-10  or permit has <two or more licenses and permits have> been canceled
   1-11  during the preceding 12 months as a result of a shooting, stabbing,
   1-12  or other violent act, or as a result of an offense involving drugs.
   1-13        SECTION 2.  Section 61.42(c), Alcoholic Beverage Code, is
   1-14  amended to read as follows:
   1-15        (c)  The county judge, commission, or administrator shall
   1-16  refuse to approve or issue for a period of one year a retail
   1-17  dealer's on-premise license or a wine and beer retailer's permit
   1-18  for a premises where a license or permit has <two licenses or
   1-19  permits have> been canceled during the preceding 12 months as a
   1-20  result of a shooting, stabbing, or other violent act, or as a
   1-21  result of an offense involving drugs.
   1-22        SECTION 3.  Chapter 104, Alcoholic Beverage Code, is amended
   1-23  by adding Section 104.05 to read as follows:
   1-24        Sec. 104.05.  METAL DETECTORS.  (a)  If an offense involving
    2-1  the use of a deadly weapon is committed on a premises licensed for
    2-2  the on-premises consumption of alcoholic beverages, the permittee
    2-3  or licensee, not later than the 30th day after the date on which
    2-4  the offense is committed, shall install a metal detector at the
    2-5  entrance of the premises and electronically search all persons that
    2-6  enter for deadly weapons.  A person found to be in the unauthorized
    2-7  possession of a deadly weapon may not enter the premises.
    2-8        (b)  The permit or license of a holder who fails to install
    2-9  and use a metal detector as required by Subsection (a) of this
   2-10  section may not be renewed.
   2-11        SECTION 4.  (a)  This Act takes effect September 1, 1993.
   2-12        (b)  Sections 1 and 2 of this Act apply only to an
   2-13  application for an alcoholic beverage license or permit that is:
   2-14              (1)  pending on the effective date of this Act; or
   2-15              (2)  submitted to the Alcoholic Beverage Commission or
   2-16  a county judge on or after that date.
   2-17        SECTION 5.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency   and   an   imperative   public   necessity   that   the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.