Texas 2021 - 87th Regular

Texas House Bill HB2249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5129 JCG-F
2	2	By: Hefner H.B. No. 2249
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authority of the governor and certain political
8	8	subdivisions to regulate firearms, ammunition, knives, air guns,
9	9	explosives, and combustibles and certain associated businesses
10	10	during certain disasters and emergencies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 418.003, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 418.003. LIMITATIONS. This chapter does not:
15	15	(1) limit the governor's authority to apply for,
16	16	administer, or expend any grant, gift, or payment in aid of disaster
17	17	mitigation, preparedness, response, or recovery;
18	18	(2) interfere with the course or conduct of a labor
19	19	dispute, except that actions otherwise authorized by this chapter
20	20	or other laws may be taken when necessary to forestall or mitigate
21	21	imminent or existing danger to public health or safety;
22	22	(3) interfere with dissemination of news or comment on
23	23	public affairs, but any communications facility or organization,
24	24	including radio and television stations, wire services, and
25	25	newspapers, may be required to transmit or print public service
26	26	messages furnishing information or instructions in connection with
27	27	a disaster or potential disaster;
28	28	(4) affect the jurisdiction or responsibilities of
29	29	police forces, fire-fighting forces, units of the armed forces of
30	30	the United States, or of any of their personnel when on active duty,
31	31	but state, local, and interjurisdictional emergency management
32	32	plans shall place reliance on the forces available for performance
33	33	of functions related to disasters;
34	34	(5) except as provided by Section 418.184, authorize
35	35	the seizure or confiscation of any firearm or ammunition from an
36	36	individual who is lawfully carrying or possessing the firearm or
37	37	ammunition; [or]
38	38	(6) limit, modify, or abridge the authority of the
39	39	governor to proclaim martial law or exercise any other powers
40	40	vested in the governor under the constitution or laws of this state
41	41	independent of or in conjunction with any provisions of this
42	42	chapter; or
43	43	(7) authorize any person to prohibit or restrict the
44	44	business or operations of a firearms or ammunition manufacturer,
45	45	distributor, wholesaler, supplier, or retailer or a sport shooting
46	46	range, as defined by Section 250.001, Local Government Code, in
47	47	connection with a disaster.
48	48	SECTION 2. Section 418.019, Government Code, is amended to
49	49	read as follows:
50	50	Sec. 418.019. RESTRICTED SALE AND TRANSPORTATION OF
51	51	MATERIALS. The governor may suspend or limit the sale, dispensing,
52	52	or transportation of alcoholic beverages, [firearms,] explosives,
53	53	and combustibles, other than explosives or combustibles that are
54	54	components of firearm ammunition.
55	55	SECTION 3. Section 433.002(b), Government Code, is amended
56	56	to read as follows:
57	57	(b) The directive may provide for:
58	58	(1) control of public and private transportation in
59	59	the affected area;
60	60	(2) designation of specific zones in the affected area
61	61	in which, if necessary, the use and occupancy of buildings and
62	62	vehicles may be controlled;
63	63	(3) control of the movement of persons;
64	64	(4) control of places of amusement or assembly;
65	65	(5) establishment of curfews;
66	66	(6) control of the sale, transportation, and use of
67	67	alcoholic beverages[, weapons, and ammunition, except as provided
68	68	by Section 433.0045]; and
69	69	(7) control of the storage, use, and transportation of
70	70	explosives or flammable materials considered dangerous to public
71	71	safety, other than explosives or flammable materials that are
72	72	components of firearm ammunition.
73	73	SECTION 4. Section 433.0045(a), Government Code, is amended
74	74	to read as follows:
75	75	(a) A directive issued under this chapter may not:
76	76	(1) authorize the seizure or confiscation of any
77	77	firearm or ammunition from an individual who is lawfully carrying
78	78	or possessing the firearm or ammunition; or
79	79	(2) prohibit or restrict the business or operations of
80	80	a firearms or ammunition manufacturer, distributor, wholesaler,
81	81	supplier, or retailer or a sport shooting range, as defined by
82	82	Section 250.001, Local Government Code, in connection with a state
83	83	of emergency.
84	84	SECTION 5. Sections 229.001(b), (c), and (d-1), Local
85	85	Government Code, are amended to read as follows:
86	86	(b) Subsection (a) does not affect the authority a
87	87	municipality has under another law to:
88	88	(1) require residents or public employees to be armed
89	89	for personal or national defense, law enforcement, or another
90	90	lawful purpose;
91	91	(2) regulate the discharge of firearms or air guns
92	92	within the limits of the municipality, other than at a sport
93	93	shooting range;
94	94	(3) except as provided by Subsection (b-1), adopt or
95	95	enforce a generally applicable zoning ordinance, land use
96	96	regulation, fire code, or business ordinance;
97	97	(4) [regulate the use of firearms, air guns, or knives
98	98	in the case of an insurrection, riot, or natural disaster if the
99	99	municipality finds the regulations necessary to protect public
100	100	health and safety;
101	101	[(5)] regulate the storage or transportation of
102	102	explosives to protect public health and safety, except that 25
103	103	pounds or less of black powder for each private residence and 50
104	104	pounds or less of black powder for each retail dealer are not
105	105	subject to regulation;
106	106	(5) [(6)] regulate the carrying of a firearm or air
107	107	gun by a person other than a person licensed to carry a handgun
108	108	under Subchapter H, Chapter 411, Government Code, at a:
109	109	(A) public park;
110	110	(B) public meeting of a municipality, county, or
111	111	other governmental body;
112	112	(C) political rally, parade, or official
113	113	political meeting; or
114	114	(D) nonfirearms-related school, college, or
115	115	professional athletic event;
116	116	(6) [(7)] regulate the carrying of a firearm by a
117	117	person licensed to carry a handgun under Subchapter H, Chapter 411,
118	118	Government Code, in accordance with Section 411.209, Government
119	119	Code;
120	120	(7) [(8)] regulate the hours of operation of a sport
121	121	shooting range, except that the hours of operation may not be more
122	122	limited than the least limited hours of operation of any other
123	123	business in the municipality other than a business permitted or
124	124	licensed to sell or serve alcoholic beverages for on-premises
125	125	consumption;
126	126	(8) [(9)] regulate the carrying of an air gun by a
127	127	minor on:
128	128	(A) public property; or
129	129	(B) private property without consent of the
130	130	property owner; or
131	131	(9) [(10)] except as provided by Subsection (d-1),
132	132	regulate or prohibit an employee's carrying or possession of a
133	133	firearm, firearm accessory, or ammunition in the course of the
134	134	employee's official duties.
135	135	(c) The exception provided by Subsection (b)(5) [(b)(6)]
136	136	does not apply if the firearm or air gun is in or is carried to or
137	137	from an area designated for use in a lawful hunting, fishing, or
138	138	other sporting event and the firearm or air gun is of the type
139	139	commonly used in the activity.
140	140	(d-1) The exception provided by Subsection (b)(9) [(b)(10)]
141	141	does not authorize a municipality to regulate an employee's
142	142	carrying or possession of a firearm in violation of Subchapter G,
143	143	Chapter 52, Labor Code.
144	144	SECTION 6. Section 229.001(d), Local Government Code, is
145	145	repealed.
146	146	SECTION 7. Chapters 418 and 433, Government Code, as
147	147	amended by this Act, apply only to a declaration of disaster or
148	148	local disaster or a proclamation of a state of emergency issued or
149	149	renewed on or after the effective date of this Act. A declaration or
150	150	proclamation issued before the effective date of this Act is
151	151	governed by the law in effect immediately before the effective date
152	152	of this Act, and that law is continued in effect for that purpose.
153	153	SECTION 8. This Act takes effect September 1, 2021.