By Yarbrough H.B. No. 447
74R776 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a holder or employee of a holder of an
1-3 alcoholic beverage license or permit to possess a firearm on the
1-4 licensed or permitted premises.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.61(e), Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 (e) The commission or administrator shall cancel an original
1-9 or renewal permit if it is found, after notice and hearing, that
1-10 the permittee knowingly allowed a person to possess a firearm in a
1-11 building on the licensed premises. This subsection does not apply
1-12 to a person:
1-13 (1) who holds a security officer commission issued by
1-14 the Texas Board of Private Investigators and Private Security
1-15 Agencies, if:
1-16 (A) the person is engaged in the performance of
1-17 the person's duties as a security officer;
1-18 (B) the person is wearing a distinctive uniform;
1-19 and
1-20 (C) the weapon is in plain view; <or>
1-21 (2) who is a peace officer; or
1-22 (3) who is a permittee or an employee of the permittee
1-23 if the person is supervising the operation of the premises.
1-24 SECTION 2. Section 61.71(f), Alcoholic Beverage Code, is
2-1 amended to read as follows:
2-2 (f) The commission or administrator shall cancel an original
2-3 or renewal dealer's on-premises or off-premises license if it is
2-4 found, after notice and hearing, that the licensee knowingly
2-5 allowed a person to possess a firearm in a building on the licensed
2-6 premises. This subsection does not apply to a person:
2-7 (1) who holds a security officer commission issued by
2-8 the Texas Board of Private Investigators and Private Security
2-9 Agencies, if:
2-10 (A) the person is engaged in the performance of
2-11 the person's duties as a security officer;
2-12 (B) the person is wearing a distinctive uniform;
2-13 and
2-14 (C) the weapon is in plain view; <or>
2-15 (2) who is a peace officer; or
2-16 (3) who is a licensee or an employee of the licensee
2-17 if the person is supervising the operation of the premises.
2-18 SECTION 3. Section 46.02(b), Penal Code, is amended to read
2-19 as follows:
2-20 (b) It is a defense to prosecution under this section that
2-21 the actor was, at the time of the commission of the offense:
2-22 (1) in the actual discharge of his official duties as
2-23 a member of the armed forces or state military forces as defined by
2-24 Section 431.001, Government Code, or as a guard employed by a penal
2-25 institution;
2-26 (2) on his own premises or premises under his control
2-27 unless he is an employee or agent of the owner of the premises and
3-1 his primary responsibility is to act in the capacity of a security
3-2 guard to protect persons or property, in which event he must comply
3-3 with Subdivision (5);
3-4 (3) traveling;
3-5 (4) engaging in lawful hunting, fishing, or other
3-6 sporting activity on the immediate premises where the activity is
3-7 conducted, or was directly en route between the premises and the
3-8 actor's residence, if the weapon is a type commonly used in the
3-9 activity;
3-10 (5) a person who holds a security officer commission
3-11 issued by the Texas Board of Private Investigators and Private
3-12 Security Agencies, if:
3-13 (A) he is engaged in the performance of his
3-14 duties as a security officer or traveling to and from his place of
3-15 assignment;
3-16 (B) he is wearing a distinctive uniform; and
3-17 (C) the weapon is in plain view; <or>
3-18 (6) a peace officer, other than a person commissioned
3-19 by the Texas State Board of Pharmacy; or
3-20 (7) a holder of an alcoholic beverage permit or
3-21 license or an employee of a holder of an alcoholic beverage permit
3-22 or license if the actor is supervising the operation of the
3-23 permitted or licensed premises.
3-24 SECTION 4. This Act takes effect September 1, 1995. An
3-25 offense committed before the effective date of this Act is covered
3-26 by the law in effect when the offense was committed, and the former
3-27 law is continued in effect for that purpose.
4-1 SECTION 5. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.