1-1 By: Pickett (Senate Sponsor - Shapleigh) H.B. No. 492 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on Business 1-4 and Commerce; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to historical reenactments on premises permitted or 1-9 licensed under the Alcoholic Beverage Code. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 11.61, Alcoholic Beverage Code, is amended 1-12 by amending Subsection (e) and adding Subsection (g) to read as 1-13 follows: 1-14 (e) Except as provided by Subsection (f) or (g), the 1-15 commission or administrator shall cancel an original or renewal 1-16 permit if it is found, after notice and hearing, that the permittee 1-17 knowingly allowed a person to possess a firearm in a building on 1-18 the licensed premises. This subsection does not apply to a person: 1-19 (1) who holds a security officer commission issued by 1-20 the Texas Board of Private Investigators and Private Security 1-21 Agencies, if: 1-22 (A) the person is engaged in the performance of 1-23 the person's duties as a security officer; 1-24 (B) the person is wearing a distinctive uniform; 1-25 and 1-26 (C) the weapon is in plain view; 1-27 (2) who is a peace officer; 1-28 (3) who is a permittee or an employee of a permittee 1-29 if the person is supervising the operation of the premises; or 1-30 (4) who possesses a concealed handgun of the same 1-31 category the person is licensed to carry under Subchapter H, 1-32 Chapter 411, Government Code, unless the person is on the premises 1-33 of a business described by Section 46.035(b)(1), Penal Code. 1-34 (g) The commission shall adopt rules allowing a historical 1-35 reenactment on the premises of a permit holder. 1-36 SECTION 2. Section 61.71, Alcoholic Beverage Code, is amended 1-37 by amending Subsection (f) and adding Subsection (h) to read as 1-38 follows: 1-39 (f) Except as provided by Subsection (g) or (h), the 1-40 commission or administrator shall cancel an original or renewal 1-41 dealer's on-premises or off-premises license if it is found, after 1-42 notice and hearing, that the licensee knowingly allowed a person to 1-43 possess a firearm in a building on the licensed premises. This 1-44 subsection does not apply to a person: 1-45 (1) who holds a security officer commission issued by 1-46 the Texas Board of Private Investigators and Private Security 1-47 Agencies, if: 1-48 (A) the person is engaged in the performance of 1-49 the person's duties as a security officer; 1-50 (B) the person is wearing a distinctive uniform; 1-51 and 1-52 (C) the weapon is in plain view; 1-53 (2) who is a peace officer; 1-54 (3) who is a licensee or an employee of a licensee if 1-55 the person is supervising the operation of the premises; or 1-56 (4) who possesses a concealed handgun of the same 1-57 category the person is licensed to carry under Subchapter H, 1-58 Chapter 411, Government Code, unless the person is on the premises 1-59 of a business described by Section 46.035(b)(1), Penal Code. 1-60 (h) The commission shall adopt rules allowing a historical 1-61 reenactment on the premises of a license holder. 1-62 SECTION 3. Section 46.035, Penal Code, is amended by adding 1-63 Subsection (j) to read as follows: 1-64 (j) Subsections (a) and (b)(1) do not apply to a historical 2-1 reenactment performed in compliance with the rules of the Texas 2-2 Alcoholic Beverage Commission. 2-3 SECTION 4. Section 46.15, Penal Code, is amended by adding 2-4 Subsection (f) to read as follows: 2-5 (f) The provisions of Section 46.02 prohibiting the carrying 2-6 of a handgun do not apply to an individual who carries a handgun as 2-7 a participant in a historical reenactment performed in accordance 2-8 with the rules of the Texas Alcoholic Beverage Commission. 2-9 SECTION 5. (a) This Act takes effect September 1, 2001. 2-10 (b) The Alcoholic Beverage Commission shall adopt rules 2-11 under Sections 11.61(g) and 61.71(h), Alcoholic Beverage Code, as 2-12 added by this Act, not later than January 1, 2002. 2-13 (c) The change in law made by Sections 3 and 4 of this Act 2-14 applies only to an offense committed on or after the effective date 2-15 of this Act. For purposes of this section, an offense is committed 2-16 before the effective date of this Act if any element of the offense 2-17 occurs before that date. An offense committed before the effective 2-18 date of this Act is covered by the law in effect when the offense 2-19 was committed, and the former law is continued in effect for that 2-20 purpose. 2-21 * * * * *