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.