1-1 By: Harris S.B. No. 538
1-2 (In the Senate - Filed February 13, 1995; February 14, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 3, 1995, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; April 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the right of a holder or employee of a holder of an
1-9 alcoholic beverage license or permit to possess a firearm on the
1-10 licensed or permitted premises.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 11.61, Alcoholic Beverage Code, is
1-13 amended by amending Subsection (e) and by adding Subsection (f) to
1-14 read as follows:
1-15 (e) Except as provided by Subsection (f), the <The>
1-16 commission or administrator shall cancel an original or renewal
1-17 permit if it is found, after notice and hearing, that the permittee
1-18 knowingly allowed a person to possess a firearm in a building on
1-19 the licensed premises. This subsection does not apply to a person:
1-20 (1) who holds a security officer commission issued by
1-21 the Texas Board of Private Investigators and Private Security
1-22 Agencies, if:
1-23 (A) the person is engaged in the performance of
1-24 the person's duties as a security officer;
1-25 (B) the person is wearing a distinctive uniform;
1-26 and
1-27 (C) the weapon is in plain view; <or>
1-28 (2) who is a peace officer; or
1-29 (3) who is a permittee or an employee of a permittee
1-30 if the person is supervising the operation of the premises.
1-31 (f) The commission may adopt a rule allowing:
1-32 (1) a gun or firearm show on the premises of a permit
1-33 holder, if the premises is owned or leased by a governmental entity
1-34 or a nonprofit civic, religious, charitable, fraternal, or
1-35 veterans' organization;
1-36 (2) the holder of a permit for the sale of alcoholic
1-37 beverages for off-premises consumption to also hold a federal
1-38 firearms license; or
1-39 (3) the ceremonial display of firearms on the premises
1-40 of the permit holder.
1-41 SECTION 2. Section 61.71, Alcoholic Beverage Code, is
1-42 amended by amending Subsection (f) and adding Subsection (g) to
1-43 read as follows:
1-44 (f) Except as provided by Subsection (g), the <The>
1-45 commission or administrator shall cancel an original or renewal
1-46 dealer's on-premises or off-premises license if it is found, after
1-47 notice and hearing, that the licensee knowingly allowed a person to
1-48 possess a firearm in a building on the licensed premises. This
1-49 subsection does not apply to a person:
1-50 (1) who holds a security officer commission issued by
1-51 the Texas Board of Private Investigators and Private Security
1-52 Agencies, if:
1-53 (A) the person is engaged in the performance of
1-54 the person's duties as a security officer;
1-55 (B) the person is wearing a distinctive uniform;
1-56 and
1-57 (C) the weapon is in plain view; <or>
1-58 (2) who is a peace officer; or
1-59 (3) who is a licensee or an employee of a licensee if
1-60 the person is supervising the operation of the premises.
1-61 (g) The commission may adopt a rule allowing:
1-62 (1) a gun or firearm show on the premises of a license
1-63 holder, if the premises is owned or leased by a governmental entity
1-64 or a nonprofit civic, religious, charitable, fraternal, or
1-65 veterans' organization;
1-66 (2) the holder of a license for the sale of alcoholic
1-67 beverages for off-premises consumption to also hold a federal
1-68 firearms license; or
2-1 (3) the ceremonial display of firearms on the premises
2-2 of the license holder.
2-3 SECTION 3. Subsection (b), Section 46.02, Penal Code, is
2-4 amended to read as follows:
2-5 (b) It is a defense to prosecution under this section that
2-6 the actor was, at the time of the commission of the offense:
2-7 (1) in the actual discharge of his official duties as
2-8 a member of the armed forces or state military forces as defined by
2-9 Section 431.001, Government Code, or as a guard employed by a penal
2-10 institution;
2-11 (2) on his own premises or premises under his control
2-12 unless he is an employee or agent of the owner of the premises and
2-13 his primary responsibility is to act in the capacity of a security
2-14 guard to protect persons or property, in which event he must comply
2-15 with Subdivision (5);
2-16 (3) traveling;
2-17 (4) engaging in lawful hunting, fishing, or other
2-18 sporting activity on the immediate premises where the activity is
2-19 conducted, or was directly en route between the premises and the
2-20 actor's residence, if the weapon is a type commonly used in the
2-21 activity;
2-22 (5) a person who holds a security officer commission
2-23 issued by the Texas Board of Private Investigators and Private
2-24 Security Agencies, if:
2-25 (A) he is engaged in the performance of his
2-26 duties as a security officer or traveling to and from his place of
2-27 assignment;
2-28 (B) he is wearing a distinctive uniform; and
2-29 (C) the weapon is in plain view; <or>
2-30 (6) a peace officer, other than a person commissioned
2-31 by the Texas State Board of Pharmacy; or
2-32 (7) a holder of an alcoholic beverage permit or
2-33 license or an employee of a holder of an alcoholic beverage permit
2-34 or license if the actor is supervising the operation of the
2-35 permitted or licensed premises.
2-36 SECTION 4. This Act takes effect September 1, 1995. An
2-37 offense committed before the effective date of this Act is covered
2-38 by the law in effect when the offense was committed, and the former
2-39 law is continued in effect for that purpose.
2-40 SECTION 5. The importance of this legislation and the
2-41 crowded condition of the calendars in both houses create an
2-42 emergency and an imperative public necessity that the
2-43 constitutional rule requiring bills to be read on three several
2-44 days in each house be suspended, and this rule is hereby suspended.
2-45 * * * * *