By: Phelan, White, Metcalf, Ashby, Toth, H.B. No. 1177
et al.
A BILL TO BE ENTITLED
AN ACT
relating to carrying a handgun during a state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsections (k) and (l) to read as follows:
(k) Section 46.02 does not apply to a person who carries a
handgun if:
(1) the person carries the handgun while:
(A) evacuating from an area following the
declaration of a state of disaster under Section 418.014,
Government Code, or a local state of disaster under Section
418.108, Government Code, with respect to that area; or
(B) reentering that area following the person's
evacuation;
(2) not more than 168 hours have elapsed since the
state of disaster or local state of disaster was declared, or more
than 168 hours have elapsed since the time the declaration was made
and the governor has extended the period during which a person may
carry a handgun under this subsection; and
(3) the person is not prohibited by state or federal
law from possessing a firearm.
(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and
(a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
(b)(6) do not apply to a person who carries a handgun if:
(1) the person carries the handgun on the premises, as
defined by the statute providing the applicable offense, of a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the handgun;
(3) the person carrying the handgun complies with any
rules and regulations of the owner, controller, or operator of the
premises that govern the carrying of a handgun on the premises; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2019.