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.