PART 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 36. GUN REGULATION
The Texas Alcoholic Beverage Commission (commission) adopts an amendment to §36.1, relating to the possession and sale of firearms on a licensed premise, without changes to the proposed text as published in the June 5, 2009, issue of the Texas Register (34 TexReg 3488). The rule will not be republished.
The adopted amendment clarifies that a permit or license holder may possess a firearm on the licensed premise, and possession by the permit or license holder is not limited to a firearm that is disabled and for ceremonial or display purposes only.
The adopted amendment adds an additional class of persons that may possess a firearm on a licensed premise. This additional class of person may only possess a firearm that is disabled and possessed for ceremonial or display purposes at a charitable fundraiser. While on the licensed premise, the firearm must remain in the possession, control, or supervision of a person acting on behalf of a charitable organization sponsoring the fundraiser.
No comments were received as a result of publication of the proposed rule.
The amendment is adopted under the Texas Alcoholic Beverage Code, §§11.61(f), 61.71(g) and 5.31. Section 11.61(f) and §61.71(g) relate to possession of firearms in a building on a licensed premise, and provide the commission with specific authority to adopt this rule. Section 5.31 provides the commission with general authority to prescribe and publish rules necessary to carry out the provisions of the code.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 6, 2009.
TRD-200903404
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: August 26, 2009
Proposal publication date: June 5, 2009
For further information, please call: (512) 206-3204