By Kubiak                                             H.B. No. 1680
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rights of a holder of an alcoholic beverage permit
    1-3  or license, the storage of certain records, and the delivery or
    1-4  liquor.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 11.61, Alocholic Beverage Code, is
    1-7  amended by amending Subsection (e) and by adding Subsection (f) to
    1-8  read as follows:
    1-9        (e)  Except as provided by Subsection (f), the <The>
   1-10  commission or administrator shall cancel an original or renewal
   1-11  permit if it is found, after notice and hearing, that the permittee
   1-12  knowingly allowed a person to possess a firearm in a building on
   1-13  the licensed premises.  This subsection does not apply to a person:
   1-14              (1)  who holds a security officer commission issued by
   1-15  the Texas Board of Private Investigators and Private Security
   1-16  Agencies, if:
   1-17                    (A)  the person is engaged in the performance of
   1-18  the person's duties as a security officer;
   1-19                    (B)  the person is wearing a distinctive uniform;
   1-20  and
   1-21                    (C)  the weapon is in plain view; <or>
   1-22              (2)  who is a peace officer; or
   1-23              (3)  who is a permittee or an employee of the permittee
    2-1  if the person is supervising the operation of the premises.
    2-2        (f)  The commission may adopt a rule allowing:
    2-3              (1)  a gun or firearm show on the premises of a permit
    2-4  holder, if the premises is owned or leased by a governmental entity
    2-5  or a nonprofit civic, religious, charitable, fraternal, or
    2-6  veterans' organization;
    2-7              (2)  The holder of a permit for the sale of alcoholic
    2-8  beverage for off-premises consumption to also hold a federal
    2-9  firearms license; or
   2-10              (3)  the ceremonial display of firearms on the premises
   2-11  of the permit holder.
   2-12        SECTION 2.  Section 61.71, Alcoholic Beverage Code, is
   2-13  amended by amending Subsection (f) and adding Subsection (g) to
   2-14  read as follows:
   2-15        (f)  Except as provided by Subsection (g), the <The>
   2-16  commission or administrator shall cancel an original or renewal
   2-17  dealer's on-premises or off-premises license if it is found, after
   2-18  notice and hearing, that the permittee knowingly allowed a person
   2-19  to possess a firearm in a building on the licensed premises.  This
   2-20  subsection does not apply to a person:
   2-21              (1)  who holds a security officer commission issued by
   2-22  the Texas Board of Private Investigators and Private Security
   2-23  Agencies, if:
   2-24                    (A)  the person is engaged in the performance of
   2-25  the person's duties as a security officer;
    3-1                    (B)  the person is wearing a distinctive uniform;
    3-2  and
    3-3                    (C)  the weapon is in plain view; <or>
    3-4              (2)  who is a peace officer; or
    3-5              (3)  who is a licensee or an employee of the licensee
    3-6  if the person is supervising the operation of the premises.
    3-7        (f)  The commission may adopt a rule allowing:
    3-8              (1)  a gun or firearm show on the premises of a permit
    3-9  holder, if the premises is owned or leased by a governmental entity
   3-10  or a nonprofit civic, religious, charitable, fraternal, or
   3-11  veterans' organization;
   3-12              (2)  The holder of a permit for the sale of alcoholic
   3-13  beverage for off-premises consumption to also hold a federal
   3-14  firearms license; or
   3-15              (3)  the ceremonial display of firearms on the premises
   3-16  of the permit holder.
   3-17        SECTION 3.  Section 46.02(b), Penal Code, is amended to read
   3-18  as follows:
   3-19              (6)  a peace officer, other than a person commissioned
   3-20  by the Texas State Board of Pharmacy; or
   3-21              (7)  a holder of an alcoholic beverage permit or
   3-22  license or an employee of a holder of an alcoholic beverage permit
   3-23  or license if the actor is supervising the operation of the
   3-24  permitted or licensed premises.
   3-25        SECTION 4.  Section 62.04(b), Alcoholic Beverage Code, is
    4-1  amended to read as follows:
    4-2        (b)  All required records shall be kept available for
    4-3  inspection by the commission or its authorized representative
    4-4  during reasonable office hours for at least <two> four years.
    4-5        SECTION 5.  Section 62.05(b), Alcoholic Beverage Code, is
    4-6  amended to read as follows:
    4-7        (b)  All required records shall be kept available for
    4-8  inspection by the commission or its authorized representative
    4-9  during reasonable office hours for at least <two> four years.
   4-10        SECTION 6.  Section 35.01, Alcoholic Beverage Code, is
   4-11  amended to read as follows:
   4-12        Authorized Activities.  The holder of an agent's permit may:
   4-13              (1)  represent permittees other than retailers within
   4-14  this state who are authorized to sell liquor to retail dealers in
   4-15  the state; and
   4-16              (2)  solicit, <and> take orders for the sale of liquor
   4-17  from authorized permittees and deliver liquor to authorized
   4-18  permittees.
   4-19        SECTION 7.  Section 201.01(a), Alcoholic Beverage Code, is
   4-20  amended to read as follows:
   4-21        (a)  A permittee who distills, rectifies, manufacturers, or
   4-22  receives any liquor shall make and deep a record of each day's
   4-23  production or receipt of liquor and the amount of tax stamps
   4-24  purchased by the permittee.  A permittee other than a retailer
   4-25  shall make and keep a record of such sale of liquor and to whom the
    5-1  sale is made and such records may be stored electronically.  Each
    5-2  transaction shall be entered on the day it occurs.  Permittees
    5-3  shall make and keep any other records required by the commission.
    5-4  All required records shall be kept available for inspection by the
    5-5  commission or its authorized representatives for at least four
    5-6  years.
    5-7        SECTION 8.  The importance of this legislation and the
    5-8  crowded condition of the calendars in both houses create an
    5-9  emergency and an imperative public necessity that the
   5-10  constitutional rule requiring bills to be read on three several
   5-11  days in each house be suspended, and this rule is hereby suspended,
   5-12  and that this Act take effect and be in force from and after its
   5-13  passage, and it is so enacted.