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.
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