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79R6067 AJA-F


By:  Pickett                                                      H.B. No. 1813



A BILL TO BE ENTITLED

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.
	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.
	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.