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.