74R8777 CAG-D
By Kubiak, Yarbrough H.B. No. 1680
Substitute the following for H.B. No. 1680:
By Yarbrough C.S.H.B. No. 1680
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to rights and duties of a holder of an alcoholic beverage
1-3 permit or license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.61, Alcoholic Beverage Code, is
1-6 amended by amending Subsection (e) and adding Subsection (f) to
1-7 read as follows:
1-8 (e) Except as provided by Subsection (f), the <The>
1-9 commission or administrator shall cancel an original or renewal
1-10 permit if it is found, after notice and hearing, that the permittee
1-11 knowingly allowed a person to possess a firearm in a building on
1-12 the licensed premises. This subsection does not apply 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.
2-1 (f) The commission may adopt a rule allowing:
2-2 (1) a gun or firearm show on the premises of a permit
2-3 holder, if the premises is owned or leased by a governmental entity
2-4 or a nonprofit civic, religious, charitable, fraternal, or
2-5 veterans' organization;
2-6 (2) the holder of a permit for the sale of alcoholic
2-7 beverages for off-premises consumption to also hold a federal
2-8 firearms license; or
2-9 (3) the ceremonial display of firearms on the premises
2-10 of the permit holder.
2-11 SECTION 2. Section 35.01, Alcoholic Beverage Code, is
2-12 amended to read as follows:
2-13 Sec. 35.01. AUTHORIZED ACTIVITIES. The holder of an agent's
2-14 permit may:
2-15 (1) represent permittees other than retailers within
2-16 this state who are authorized to sell liquor to retail dealers in
2-17 the state; <and>
2-18 (2) solicit and take orders for the sale of liquor
2-19 from authorized permittees; and
2-20 (3) deliver liquor to authorized permittees.
2-21 SECTION 3. Section 61.71, Alcoholic Beverage Code, is
2-22 amended by amending Subsection (f) and adding Subsection (g) to
2-23 read as follows:
2-24 (f) Except as provided by Subsection (g), the <The>
2-25 commission or administrator shall cancel an original or renewal
3-1 dealer's on-premises or off-premises license if it is found, after
3-2 notice and hearing, that the licensee knowingly allowed a person to
3-3 possess a firearm in a building on the licensed premises. This
3-4 subsection does not apply to a person:
3-5 (1) who holds a security officer commission issued by
3-6 the Texas Board of Private Investigators and Private Security
3-7 Agencies, if:
3-8 (A) the person is engaged in the performance of
3-9 the person's duties as a security officer;
3-10 (B) the person is wearing a distinctive uniform;
3-11 and
3-12 (C) the weapon is in plain view; <or>
3-13 (2) who is a peace officer; or
3-14 (3) who is a licensee or an employee of the licensee
3-15 if the person is supervising the operation of the premises.
3-16 (g) The commission may adopt a rule allowing:
3-17 (1) a gun or firearm show on the premises of a license
3-18 holder, if the premises is owned or leased by a governmental entity
3-19 or a nonprofit civic, religious, charitable, fraternal, or
3-20 veterans' organization;
3-21 (2) the holder of a license for the sale of alcoholic
3-22 beverages for off-premises consumption to also hold a federal
3-23 firearms license; or
3-24 (3) the ceremonial display of firearms on the premises
3-25 of the license holder.
4-1 SECTION 4. Section 62.05(b), Alcoholic Beverage Code, is
4-2 amended to read as follows:
4-3 (b) All required records shall be kept available for
4-4 inspection by the commission or its authorized representative
4-5 during reasonable office hours for at least four <two> years.
4-6 SECTION 5. Section 64.04(b), Alcoholic Beverage Code, is
4-7 amended to read as follows:
4-8 (b) All required records shall be kept available for
4-9 inspection by the commission or its authorized representative
4-10 during reasonable office hours for at least four <two> years.
4-11 SECTION 6. Section 206.01(a), Alcoholic Beverage Code, is
4-12 amended to read as follows:
4-13 (a) A permittee who distills, rectifies, manufactures, or
4-14 receives any liquor shall make and keep a record of each day's
4-15 production or receipt of liquor and the amount of tax stamps
4-16 purchased by the permittee. A permittee other than a retailer
4-17 shall make and keep a record of each sale of liquor and to whom the
4-18 sale is made. The required records may be stored electronically.
4-19 Each transaction shall be entered on the day it occurs. Permittees
4-20 shall make and keep any other records required by the commission.
4-21 All required records shall be kept available for inspection by the
4-22 commission or its authorized representatives for at least four
4-23 years.
4-24 SECTION 7. Section 46.02(b), Penal Code, is amended to read
4-25 as follows:
5-1 (b) It is a defense to prosecution under this section that
5-2 the actor was, at the time of the commission of the offense:
5-3 (1) in the actual discharge of his official duties as
5-4 a member of the armed forces or state military forces as defined by
5-5 Section 431.001, Government Code, or as a guard employed by a penal
5-6 institution;
5-7 (2) on his own premises or premises under his control
5-8 unless he is an employee or agent of the owner of the premises and
5-9 his primary responsibility is to act in the capacity of a security
5-10 guard to protect persons or property, in which event he must comply
5-11 with Subdivision (5);
5-12 (3) traveling;
5-13 (4) engaging in lawful hunting, fishing, or other
5-14 sporting activity on the immediate premises where the activity is
5-15 conducted, or was directly en route between the premises and the
5-16 actor's residence, if the weapon is a type commonly used in the
5-17 activity;
5-18 (5) a person who holds a security officer commission
5-19 issued by the Texas Board of Private Investigators and Private
5-20 Security Agencies, if:
5-21 (A) he is engaged in the performance of his
5-22 duties as a security officer or traveling to and from his place of
5-23 assignment;
5-24 (B) he is wearing a distinctive uniform; and
5-25 (C) the weapon is in plain view; <or>
6-1 (6) a peace officer, other than a person commissioned
6-2 by the Texas State Board of Pharmacy; or
6-3 (7) a holder of an alcoholic beverage permit or
6-4 license or an employee of a holder of an alcoholic beverage permit
6-5 or license if the actor is supervising the operation of the
6-6 permitted or licensed premises.
6-7 SECTION 8. An offense committed before the effective date of
6-8 this Act is covered by the law in effect when the offense was
6-9 committed, and the former law is continued in effect for that
6-10 purpose.
6-11 SECTION 9. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended,
6-16 and that this Act take effect and be in force from and after its
6-17 passage, and it is so enacted.