H.B. No. 1813
AN ACT
relating to historical reenactments on premises permitted or
licensed under the Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.61, Alcoholic Beverage Code, is
amended by amending Subsection (e) and adding Subsection (i) to
read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.
(i) The commission shall adopt rules allowing a historical
reenactment on the premises of a permit holder. Rules adopted under
this subsection must prohibit the use of live ammunition in a
historical reenactment.
SECTION 2. Section 61.71, Alcoholic Beverage Code, is
amended by amending Subsection (f) and adding Subsection (j) to
read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code.
(j) The commission shall adopt rules allowing a historical
reenactment on the premises of a license holder. Rules adopted
under this subsection must prohibit the use of live ammunition in a
historical reenactment.
SECTION 3. Section 46.035, Penal Code, is amended by adding
Subsection (j) to read as follows:
(j) Subsections (a) and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas
Alcoholic Beverage Commission.
SECTION 4. Section 46.15, Penal Code, is amended by adding
Subsection (i) to read as follows:
(i) The provisions of Section 46.02 prohibiting the
carrying of a handgun do not apply to an individual who carries a
handgun as a participant in a historical reenactment performed in
accordance with the rules of the Texas Alcoholic Beverage
Commission.
SECTION 5. (a) The Alcoholic Beverage Commission shall
adopt rules under Sections 11.61(i) and 61.71(j), Alcoholic
Beverage Code, as added by this Act, not later than January 1, 2006.
(b) The change in law made by Sections 3 and 4 of this Act
applies only to an offense committed on or after the effective date
of this Act. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date. An offense committed before the effective
date of this Act is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1813 was passed by the House on April
22, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1813 on May 26, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1813 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor