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.