87(R) HB 1500 - Enrolled version - Bill Text

	H.B.  No.  1500

	AN ACT
	relating to authority of the governor and certain political
	subdivisions to regulate firearms, ammunition, knives, air guns,
	explosives, and combustibles and certain associated businesses
	during certain disasters and emergencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 418.003, Government Code, is amended to
	read as follows:
	Sec.  418.003.    LIMITATIONS. This chapter does not:
	(1)    limit the governor's authority to apply for,
	administer, or expend any grant, gift, or payment in aid of disaster
	mitigation, preparedness, response, or recovery;
	(2)    interfere with the course or conduct of a labor
	dispute, except that actions otherwise authorized by this chapter
	or other laws may be taken when necessary to forestall or mitigate
	imminent or existing danger to public health or safety;
	(3)    interfere with dissemination of news or comment on
	public affairs, but any communications facility or organization,
	including radio and television stations, wire services, and
	newspapers, may be required to transmit or print public service
	messages furnishing information or instructions in connection with
	a disaster or potential disaster;
	(4)    affect the jurisdiction or responsibilities of
	police forces, fire-fighting forces, units of the armed forces of
	the United States, or of any of their personnel when on active duty,
	but state, local, and interjurisdictional emergency management
	plans shall place reliance on the forces available for performance
	of functions related to disasters;
	(5)    except as provided by Section 418.184, authorize
	the seizure or confiscation of any firearm or ammunition from an
	individual who is lawfully carrying or possessing the firearm or
	ammunition; [or]
	(6)    limit, modify, or abridge the authority of the
	governor to proclaim martial law or exercise any other powers
	vested in the governor under the constitution or laws of this state
	independent of or in conjunction with any provisions of this
	chapter; or
	(7)    authorize any person to prohibit or restrict the
	business or operations of a firearms or ammunition manufacturer,
	distributor, wholesaler, supplier, or retailer or a sport shooting
	range, as defined by Section 250.001, Local Government Code, in
	connection with a disaster.
	SECTION  2.    Section 418.019, Government Code, is amended to
	read as follows:
	Sec.  418.019.    RESTRICTED SALE AND TRANSPORTATION OF
	MATERIALS. The governor may suspend or limit the sale, dispensing,
	or transportation of alcoholic beverages, [firearms,] explosives,
	and combustibles, other than explosives or combustibles that are
	components of firearm ammunition.
	SECTION  3.    Section 433.002(b), Government Code, is amended
	to read as follows:
	(b)    The directive may provide for:
	(1)    control of public and private transportation in
	the affected area;
	(2)    designation of specific zones in the affected area
	in which, if necessary, the use and occupancy of buildings and
	vehicles may be controlled;
	(3)    control of the movement of persons;
	(4)    control of places of amusement or assembly;
	(5)    establishment of curfews;
	(6)    control of the sale, transportation, and use of
	alcoholic beverages[, weapons, and ammunition, except as provided
	by Section 433.0045]; and
	(7)    control of the storage, use, and transportation of
	explosives or flammable materials considered dangerous to public
	safety, other than explosives or flammable materials that are
	components of firearm ammunition.
	SECTION  4.    Section 433.0045(a), Government Code, is amended
	to read as follows:
	(a)    A directive issued under this chapter may not:
	(1)    authorize the seizure or confiscation of any
	firearm or ammunition from an individual who is lawfully carrying
	or possessing the firearm or ammunition; or
	(2)    prohibit or restrict the business or operations of
	a firearms or ammunition manufacturer, distributor, wholesaler,
	supplier, or retailer or a sport shooting range, as defined by
	Section 250.001, Local Government Code, in connection with a state
	of emergency.