HBA-CMT H.B. 492 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 492
By: Pickett
Licensing & Administrative Procedures
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, persons participating in historical reenactments of the Old West
are not allowed to possess weapons of the time period on the premises of an
alcoholic beverage license or permit holder under the Texas Alcoholic
Beverage Code.  House Bill 492 allows the possession of firearms on the
premises of an alcoholic beverage license or permit holder under the Texas
Alcoholic Beverage Code for the purposes of historical reenactments. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Alcoholic Beverage Commission
in SECTIONS 1 and 2 (Sections 11.61 and 61.71 Alcoholic Beverage Code) and
SECTION 3 of this bill. 

ANALYSIS

House Bill 492 amends the Alcoholic Beverage Code to require the Texas
Alcoholic Beverage Commission (TABC) to adopt rules not later than January
1, 2002 to allow a historical reenactment on the premises of a permit
holder.  The bill provides that the rules adopted by TABC must ensure that
a historical reenactment does not involve a weapons violation under the
Penal Code. 

EFFECTIVE DATE

September 1, 2001.