By Harris S.B. No. 538
74R4767 CAG-F
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, Alcoholic 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
1-24 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 61.71, Alcoholic Beverage Code, is
2-12 amended by amending Subsection (f) and adding Subsection (g) to
2-13 read as follows:
2-14 (f) Except as provided by Subsection (g), the <The>
2-15 commission or administrator shall cancel an original or renewal
2-16 dealer's on-premises or off-premises license if it is found, after
2-17 notice and hearing, that the licensee knowingly allowed a person to
2-18 possess a firearm in a building on the licensed premises. This
2-19 subsection does not apply to a person:
2-20 (1) who holds a security officer commission issued by
2-21 the Texas Board of Private Investigators and Private Security
2-22 Agencies, if:
2-23 (A) the person is engaged in the performance of
2-24 the person's duties as a security officer;
2-25 (B) the person is wearing a distinctive uniform;
2-26 and
2-27 (C) the weapon is in plain view; <or>
3-1 (2) who is a peace officer; or
3-2 (3) who is a licensee or an employee of the licensee
3-3 if the person is supervising the operation of the premises.
3-4 (g) The commission may adopt a rule allowing:
3-5 (1) a gun or firearm show on the premises of a license
3-6 holder, if the premises is owned or leased by a governmental entity
3-7 or a nonprofit civic, religious, charitable, fraternal, or
3-8 veterans' organization;
3-9 (2) the holder of a license for the sale of alcoholic
3-10 beverages for off-premises consumption to also hold a federal
3-11 firearms license; or
3-12 (3) the ceremonial display of firearms on the premises
3-13 of the license holder.
3-14 SECTION 3. Section 46.02(b), Penal Code, is amended to read
3-15 as follows:
3-16 (b) It is a defense to prosecution under this section that
3-17 the actor was, at the time of the commission of the offense:
3-18 (1) in the actual discharge of his official duties as
3-19 a member of the armed forces or state military forces as defined by
3-20 Section 431.001, Government Code, or as a guard employed by a penal
3-21 institution;
3-22 (2) on his own premises or premises under his control
3-23 unless he is an employee or agent of the owner of the premises and
3-24 his primary responsibility is to act in the capacity of a security
3-25 guard to protect persons or property, in which event he must comply
3-26 with Subdivision (5);
3-27 (3) traveling;
4-1 (4) engaging in lawful hunting, fishing, or other
4-2 sporting activity on the immediate premises where the activity is
4-3 conducted, or was directly en route between the premises and the
4-4 actor's residence, if the weapon is a type commonly used in the
4-5 activity;
4-6 (5) a person who holds a security officer commission
4-7 issued by the Texas Board of Private Investigators and Private
4-8 Security Agencies, if:
4-9 (A) he is engaged in the performance of his
4-10 duties as a security officer or traveling to and from his place of
4-11 assignment;
4-12 (B) he is wearing a distinctive uniform; and
4-13 (C) the weapon is in plain view; <or>
4-14 (6) a peace officer, other than a person commissioned
4-15 by the Texas State Board of Pharmacy; or
4-16 (7) a holder of an alcoholic beverage permit or
4-17 license or an employee of a holder of an alcoholic beverage permit
4-18 or license if the actor is supervising the operation of the
4-19 permitted or licensed premises.
4-20 SECTION 4. This Act takes effect September 1, 1995. An
4-21 offense committed before the effective date of this Act is covered
4-22 by the law in effect when the offense was committed, and the former
4-23 law is continued in effect for that purpose.
4-24 SECTION 5. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.