BILL ANALYSIS C.S.H.B. 1680 By: Kubiak 4-4-95 Committee Report (Substituted) BACKGROUND Legislation adopted during the 73rd Regular Session requires the Texas Alcoholic Beverage Commission to cancel an original or renewal permit or license if it is found that the permit or license holder knowingly allowed a person to possess a firearm on the premises of the establishment. This provision prohibits a gun or firearm show from being held in any location licensed for the sale of alcohol and prohibits the possession of a firearm on the premises by an owner for purposes of self-defense. PURPOSE H.B. 1680 would allow the possession of firearms, with certain restrictions, on the premises of an alcoholic beverage permittee or licensee. It would also allow certain permit holders to deliver liquor, and it also allows for the electronic storage of required records. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the Texas Alcoholic Beverage Commission, in Section 1 and Section 3 of the bill to allow a gun or firearm show on certain permitted premises, and rules to allow a permittee to hold a federal firearm license, or to permit ceremonial display of firearms on the premises. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec 11.61, Alcoholic Beverage Code, to allow a permit holder or a person who is supervising the operation of the premises to possess a firearm on the licensed premises. Allows the Texas Alcoholic Beverage Commission to adopt rules allowing a gun or firearm show on the premises of a permit holder, and to allow off-premise consumption permittee to hold a federal firearm license, and the ceremonial display of firearms on the premises of the permit holder. SECTION 2. Amends Sec.35.01, Alcoholic Beverage Code, to allow the holder of an agent's permit to deliver liquor. SECTION 3 Amends Sec. 61.71, Alcoholic Beverage Code, to allow a license holder or a person who is supervising the operation of the premises to possess a firearm on the licensed premises. Allows the Texas Alcoholic Beverage Commission to adopt a rule allowing a gun or firearm show on the premises of a license holder, and to allow off-premise consumption licensee to hold a federal firearm license, and the ceremonial display of firearms on the premises of the license holder. SECTION 4. Amends Sec.62.05(b), Alcoholic Beverage Code, amends records retention period changing the retention period to four years from the current two years, the period of time that certain records must be kept by permittees to whom this section applies. SECTION 5. Amends Section 64.04, Alcoholic Beverage Code, amends records retention period changing the retention period to four years from the current two years, the period of time that certain records must be kept by permittees to whom this section applies. SECTION 6. Amends Sec.206.01(a) Alcoholic Beverage Code, to allow certain records to be stored electronically. SECTION 7. Amends Sec.46.02(b),Penal Code, adds a new subsection (7) to allow a defense to prosecution if the actor was a holder of an alcoholic beverage permit or license or an employee supervising the operation of the premises. SECTION 8. Provides that an offense committee before effective date is governed by law in effect at time of offense, and former law is continued in effect for that purpose. SECTION 9. Emergency Clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 1680 amends the caption of the bill, deleting "the storage of certain records, and the delivery of liquor." from the caption. The original amended Section 62.05(b) only, with regards to records retention, and the substitute amends Sec. 62.05(b), and Sec. 64.04(b) regarding the required period that records must be kept by permittees to whom these two sections apply. The substitute includes the entire Section 46.02(b), Penal Code, while the original simply showed the amended language. The substitute also added language stating that an offense is governed by the law in effect at the time of the offense. The original did not provide for this language. SUMMARY OF COMMITTEE ACTION HB 1680 was heard in a Public Hearing on March 29, 1995. The Chair recognized the following persons to testify in favor of the bill: Mr. Alan Gray, Licensed Beverage Distributors, Inc.; HB 1680 was left pending in committee. HB 1680 was heard in a Formal Meeting on April 4, 1995. Rep. Yarbrough offered a complete committee substitute, and moved adoption. There was no objection. Rep. Dear moved that the full committee adopt HB 1680 as substituted, and that it be reported favorably to the full House with the recommendation that it do pass and be printed. The motion prevailed by the following vote: AYES: 9, NAYS: 0, ABSENT: 0. Rep. Dear moved that HB 1680 be sent to the Local and Consent Calendar, by the vote which HB 1680 had been favorably approved. There was no objection.