By Pickett H.B. No. 492
77R6515 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to historical reenactments on premises permitted or
1-3 licensed under the Alcoholic Beverage Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.61, Alcoholic Beverage Code, is amended
1-6 by amending Subsection (e) and adding Subsection (g) to read as
1-7 follows:
1-8 (e) Except as provided by Subsection (f) or (g), the
1-9 commission or administrator shall cancel an original or renewal
1-10 permit if it is found, after notice and hearing, that the permittee
1-11 knowingly allowed a person to possess a firearm in a building on
1-12 the licensed premises. This subsection does not apply to a person:
1-13 (1) who holds a security officer commission issued by
1-14 the Texas Board of Private Investigators and Private Security
1-15 Agencies, if:
1-16 (A) the person is engaged in the performance of
1-17 the person's duties as a security officer;
1-18 (B) the person is wearing a distinctive uniform;
1-19 and
1-20 (C) the weapon is in plain view;
1-21 (2) who is a peace officer;
1-22 (3) who is a permittee or an employee of a permittee
1-23 if the person is supervising the operation of the premises; or
1-24 (4) who possesses a concealed handgun of the same
2-1 category the person is licensed to carry under Subchapter H,
2-2 Chapter 411, Government Code, unless the person is on the premises
2-3 of a business described by Section 46.035(b)(1), Penal Code.
2-4 (g) The commission shall adopt rules allowing a historical
2-5 reenactment on the premises of a permit holder.
2-6 SECTION 2. Section 61.71, Alcoholic Beverage Code, is amended
2-7 by amending Subsection (f) and adding Subsection (h) to read as
2-8 follows:
2-9 (f) Except as provided by Subsection (g) or (h), the
2-10 commission or administrator shall cancel an original or renewal
2-11 dealer's on-premises or off-premises license if it is found, after
2-12 notice and hearing, that the licensee knowingly allowed a person to
2-13 possess a firearm in a building on the licensed premises. This
2-14 subsection does not apply to a person:
2-15 (1) who holds a security officer commission issued by
2-16 the Texas Board of Private Investigators and Private Security
2-17 Agencies, if:
2-18 (A) the person is engaged in the performance of
2-19 the person's duties as a security officer;
2-20 (B) the person is wearing a distinctive uniform;
2-21 and
2-22 (C) the weapon is in plain view;
2-23 (2) who is a peace officer;
2-24 (3) who is a licensee or an employee of a licensee if
2-25 the person is supervising the operation of the premises; or
2-26 (4) who possesses a concealed handgun of the same
2-27 category the person is licensed to carry under Subchapter H,
3-1 Chapter 411, Government Code, unless the person is on the premises
3-2 of a business described by Section 46.035(b)(1), Penal Code.
3-3 (h) The commission shall adopt rules allowing a historical
3-4 reenactment on the premises of a license holder.
3-5 SECTION 3. Section 46.035, Penal Code, is amended by adding
3-6 Subsection (j) to read as follows:
3-7 (j) Subsections (a) and (b)(1) do not apply to a historical
3-8 reenactment performed in compliance with the rules of the Texas
3-9 Alcoholic Beverage Commission.
3-10 SECTION 4. Section 46.15, Penal Code, is amended by adding
3-11 Subsection (f) to read as follows:
3-12 (f) The provisions of Section 46.02 prohibiting the carrying
3-13 of a handgun do not apply to an individual who carries a handgun as
3-14 a participant in a historical reenactment performed in accordance
3-15 with the rules of the Texas Alcoholic Beverage Commission.
3-16 SECTION 5. (a) This Act takes effect September 1, 2001.
3-17 (b) The Alcoholic Beverage Commission shall adopt rules
3-18 under Sections 11.61(g) and 61.71(h), Alcoholic Beverage Code, as
3-19 added by this Act, not later than January 1, 2002.
3-20 (c) The change in law made by Sections 3 and 4 of this Act
3-21 applies only to an offense committed on or after the effective date
3-22 of this Act. For purposes of this section, an offense is committed
3-23 before the effective date of this Act if any element of the offense
3-24 occurs before that date. An offense committed before the effective
3-25 date of this Act is covered by the law in effect when the offense
3-26 was committed, and the former law is continued in effect for that
3-27 purpose.