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.