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.