HBA-CMT C.S.H.B. 492 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 492 By: Pickett Licensing & Administrative Procedures 3/29/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, persons participating in historical reenactments of the Old West are not allowed to possess weapons of the time period on the premises of an alcoholic beverage license or permit holder under the Texas Alcoholic Beverage Code. C.S.H.B. 492 allows the possession of firearms on the premises of an alcoholic beverage license or permit holder under the Texas Alcoholic Beverage Code for the purposes of historical reenactments. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Alcoholic Beverage Commission in SECTIONS 1 and 2 (Sections 11.61 and 61.71 Alcoholic Beverage Code) and SECTION 5 of this bill. ANALYSIS C.S.H.B. 492 amends the Alcoholic Beverage Code to require the Texas Alcoholic Beverage Commission (TABC) to adopt rules not later than January 1, 2002 to allow a historical reenactment on the premises of a permit holder. The bill amends the Penal Code to provide exceptions to the unlawful carrying of a handgun by a license holder who is a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B 492 modifies the original bill to add that certain provisions regarding the unlawful carrying of a handgun by a license holder do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. The substitute removes provisions which state that rules adopted by the commission must ensure that a historical reenactment does not involve a weapons violation.