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.
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