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


Office of House Bill AnalysisC.S.H.B. 492
By: Pickett
Licensing & Administrative Procedures
3/29/2001
Committee Report (Substituted)



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.  C.S.H.B. 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 5 of this bill. 

ANALYSIS

C.S.H.B. 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 amends the Penal Code to provide exceptions to the
unlawful carrying of a handgun by a license holder who is a participant in
a historical reenactment performed in accordance with the rules of the
Texas Alcoholic Beverage Commission. 

EFFECTIVE DATE

September 1, 2001.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 492 modifies the original bill to add that certain provisions
regarding the unlawful carrying of a handgun by a license holder do not
apply to a historical reenactment performed in compliance with the rules of
the Texas Alcoholic Beverage Commission.  The substitute removes provisions
which state that rules adopted by the commission must ensure that a
historical reenactment does not involve a weapons violation.