By: Harris S.B. No. 538
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the right of a holder or employee of a holder of an
1-2 alcoholic beverage license or permit to possess a firearm on the
1-3 licensed or permitted premises.
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 by 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 a permittee
1-23 if the person is supervising the operation of the premises.
1-24 (f) The commission may adopt a rule allowing:
2-1 (1) a gun or firearm show on the premises of a permit
2-2 holder, if the premises is owned or leased by a governmental entity
2-3 or a nonprofit civic, religious, charitable, fraternal, or
2-4 veterans' organization;
2-5 (2) the holder of a permit for the sale of alcoholic
2-6 beverages for off-premises consumption to also hold a federal
2-7 firearms license; or
2-8 (3) the ceremonial display of firearms on the premises
2-9 of the permit holder.
2-10 SECTION 2. Section 61.71, Alcoholic Beverage Code, is
2-11 amended by amending Subsection (f) and adding Subsection (g) to
2-12 read as follows:
2-13 (f) Except as provided by Subsection (g), the <The>
2-14 commission or administrator shall cancel an original or renewal
2-15 dealer's on-premises or off-premises license if it is found, after
2-16 notice and hearing, that the licensee knowingly allowed a person to
2-17 possess a firearm in a building on the licensed premises. This
2-18 subsection does not apply to a person:
2-19 (1) who holds a security officer commission issued by
2-20 the Texas Board of Private Investigators and Private Security
2-21 Agencies, if:
2-22 (A) the person is engaged in the performance of
2-23 the person's duties as a security officer;
2-24 (B) the person is wearing a distinctive uniform;
2-25 and
2-26 (C) the weapon is in plain view; <or>
2-27 (2) who is a peace officer; or
3-1 (3) who is a licensee or an employee of a licensee if
3-2 the person is supervising the operation of the premises.
3-3 (g) The commission may adopt a rule allowing:
3-4 (1) a gun or firearm show on the premises of a license
3-5 holder, if the premises is owned or leased by a governmental entity
3-6 or a nonprofit civic, religious, charitable, fraternal, or
3-7 veterans' organization;
3-8 (2) the holder of a license for the sale of alcoholic
3-9 beverages for off-premises consumption to also hold a federal
3-10 firearms license; or
3-11 (3) the ceremonial display of firearms on the premises
3-12 of the license holder.
3-13 SECTION 3. Subsection (b), Section 46.02, Penal Code, is
3-14 amended to read as follows:
3-15 (b) It is a defense to prosecution under this section that
3-16 the actor was, at the time of the commission of the offense:
3-17 (1) in the actual discharge of his official duties as
3-18 a member of the armed forces or state military forces as defined by
3-19 Section 431.001, Government Code, or as a guard employed by a penal
3-20 institution;
3-21 (2) on his own premises or premises under his control
3-22 unless he is an employee or agent of the owner of the premises and
3-23 his primary responsibility is to act in the capacity of a security
3-24 guard to protect persons or property, in which event he must comply
3-25 with Subdivision (5);
3-26 (3) traveling;
3-27 (4) engaging in lawful hunting, fishing, or other
4-1 sporting activity on the immediate premises where the activity is
4-2 conducted, or was directly en route between the premises and the
4-3 actor's residence, if the weapon is a type commonly used in the
4-4 activity;
4-5 (5) a person who holds a security officer commission
4-6 issued by the Texas Board of Private Investigators and Private
4-7 Security Agencies, if:
4-8 (A) he is engaged in the performance of his
4-9 duties as a security officer or traveling to and from his place of
4-10 assignment;
4-11 (B) he is wearing a distinctive uniform; and
4-12 (C) the weapon is in plain view; <or>
4-13 (6) a peace officer, other than a person commissioned
4-14 by the Texas State Board of Pharmacy; or
4-15 (7) a holder of an alcoholic beverage permit or
4-16 license or an employee of a holder of an alcoholic beverage permit
4-17 or license if the actor is supervising the operation of the
4-18 permitted or licensed premises.
4-19 SECTION 4. This Act takes effect September 1, 1995. An
4-20 offense committed before the effective date of this Act is covered
4-21 by the law in effect when the offense was committed, and the former
4-22 law is continued in effect for that purpose.
4-23 SECTION 5. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.