Texas 2021 - 87th Regular

Texas Senate Bill SB18 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Creighton, et al. S.B. No. 18
	2	+	(In the Senate - Filed February 24, 2021; March 3, 2021,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 12, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; April 12, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 18 By: Hall
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to authority of the governor and certain political
7	14		subdivisions to regulate firearms, ammunition, knives, air guns,
8	15		explosives, and combustibles and certain associated businesses
9	16		during certain disasters and emergencies.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Section 418.003, Government Code, is amended to
12	19		read as follows:
13	20		Sec. 418.003. LIMITATIONS. This chapter does not:
14	21		(1) limit the governor's authority to apply for,
15	22		administer, or expend any grant, gift, or payment in aid of disaster
16	23		mitigation, preparedness, response, or recovery;
17	24		(2) interfere with the course or conduct of a labor
18	25		dispute, except that actions otherwise authorized by this chapter
19	26		or other laws may be taken when necessary to forestall or mitigate
20	27		imminent or existing danger to public health or safety;
21	28		(3) interfere with dissemination of news or comment on
22	29		public affairs, but any communications facility or organization,
23	30		including radio and television stations, wire services, and
24	31		newspapers, may be required to transmit or print public service
25	32		messages furnishing information or instructions in connection with
26	33		a disaster or potential disaster;
27	34		(4) affect the jurisdiction or responsibilities of
28	35		police forces, fire-fighting forces, units of the armed forces of
29	36		the United States, or of any of their personnel when on active duty,
30	37		but state, local, and interjurisdictional emergency management
31	38		plans shall place reliance on the forces available for performance
32	39		of functions related to disasters;
33	40		(5) except as provided by Section 418.184, authorize
34	41		the seizure or confiscation of any firearm or ammunition from an
35	42		individual who is lawfully carrying or possessing the firearm or
36	43		ammunition; [or]
37	44		(6) limit, modify, or abridge the authority of the
38	45		governor to proclaim martial law or exercise any other powers
39	46		vested in the governor under the constitution or laws of this state
40	47		independent of or in conjunction with any provisions of this
41	48		chapter; or
42	49		(7) authorize any person to prohibit or restrict the
43	50		business or operations of a firearms or ammunition manufacturer,
44	51		distributor, wholesaler, supplier, or retailer or a sport shooting
45	52		range, as defined by Section 250.001, Local Government Code, in
46	53		connection with a disaster.
47	54		SECTION 2. Section 418.019, Government Code, is amended to
48	55		read as follows:
49	56		Sec. 418.019. RESTRICTED SALE AND TRANSPORTATION OF
50	57		MATERIALS. The governor may suspend or limit the sale, dispensing,
51	58		or transportation of alcoholic beverages, [firearms,] explosives,
52	59		and combustibles, other than explosives or combustibles that are
53	60		components of firearm ammunition.
54	61		SECTION 3. Section 433.002(b), Government Code, is amended
55	62		to read as follows:
56	63		(b) The directive may provide for:
57	64		(1) control of public and private transportation in
58	65		the affected area;
59	66		(2) designation of specific zones in the affected area
60	67		in which, if necessary, the use and occupancy of buildings and
61	68		vehicles may be controlled;
62	69		(3) control of the movement of persons;
63	70		(4) control of places of amusement or assembly;
64	71		(5) establishment of curfews;
65	72		(6) control of the sale, transportation, and use of
66	73		alcoholic beverages[, weapons, and ammunition, except as provided
67	74		by Section 433.0045]; and
68	75		(7) control of the storage, use, and transportation of
69	76		explosives or flammable materials considered dangerous to public
70	77		safety, other than explosives or flammable materials that are
71	78		components of firearm ammunition.
72	79		SECTION 4. Section 433.0045(a), Government Code, is amended
73	80		to read as follows:
74	81		(a) A directive issued under this chapter may not:
75	82		(1) authorize the seizure or confiscation of any
76	83		firearm or ammunition from an individual who is lawfully carrying
77	84		or possessing the firearm or ammunition; or
78	85		(2) prohibit or restrict the business or operations of
79	86		a firearms or ammunition manufacturer, distributor, wholesaler,
80	87		supplier, or retailer or a sport shooting range, as defined by
81	88		Section 250.001, Local Government Code, in connection with a state
82	89		of emergency.
83	90		SECTION 5. Sections 229.001(b), (c), (d), and (d-1), Local
84	91		Government Code, are amended to read as follows:
85	92		(b) Subsection (a) does not affect the authority a
86	93		municipality has under another law to:
87	94		(1) require residents or public employees to be armed
88	95		for personal or national defense, law enforcement, or another
89	96		lawful purpose;
90	97		(2) regulate the discharge of firearms or air guns
91	98		within the limits of the municipality, other than at a sport
92	99		shooting range;
93	100		(3) except as provided by Subsection (b-1), adopt or
94	101		enforce a generally applicable zoning ordinance, land use
95	102		regulation, fire code, or business ordinance;
96	103		(4) [regulate the use of firearms, air guns, or knives
97	104		in the case of an insurrection, riot, or natural disaster if the
98	105		municipality finds the regulations necessary to protect public
99	106		health and safety;
100	107		[(5)] regulate the storage or transportation of
101	108		explosives to protect public health and safety, except that 25
102	109		pounds or less of black powder for each private residence and 50
103	110		pounds or less of black powder for each retail dealer are not
104	111		subject to regulation;
105	112		(5) [(6)] regulate the carrying of a firearm or air
106	113		gun by a person other than a person licensed to carry a handgun
107	114		under Subchapter H, Chapter 411, Government Code, at a:
108	115		(A) public park;
109	116		(B) public meeting of a municipality, county, or
110	117		other governmental body;
111	118		(C) political rally, parade, or official
112	119		political meeting; or
113	120		(D) nonfirearms-related school, college, or
114	121		professional athletic event;
115	122		(6) [(7)] regulate the carrying of a firearm by a
116	123		person licensed to carry a handgun under Subchapter H, Chapter 411,
117	124		Government Code, in accordance with Section 411.209, Government
118	125		Code;
119	126		(7) [(8)] regulate the hours of operation of a sport
120	127		shooting range, except that the hours of operation may not be more
121	128		limited than the least limited hours of operation of any other
122	129		business in the municipality other than a business permitted or
123	130		licensed to sell or serve alcoholic beverages for on-premises
124	131		consumption;
125	132		(8) [(9)] regulate the carrying of an air gun by a
126	133		minor on:
127	134		(A) public property; or
128	135		(B) private property without consent of the
129	136		property owner; or
130	137		(9) [(10)] except as provided by Subsection (d-1),
131	138		regulate or prohibit an employee's carrying or possession of a
132	139		firearm, firearm accessory, or ammunition in the course of the
133	140		employee's official duties.
134	141		(c) The exception provided by Subsection (b)(5) [(b)(6)]
135	142		does not apply if the firearm or air gun is in or is carried to or
136	143		from an area designated for use in a lawful hunting, fishing, or
137	144		other sporting event and the firearm or air gun is of the type
138	145		commonly used in the activity.
139	146		(d) Nothing in this section may be construed to [The
140	147		exception provided by Subsection (b)(4) does not] authorize the
141	148		seizure or confiscation of any firearm, air gun, knife, ammunition,
142	149		or firearm or air gun supplies or accessories from an individual who
143	150		is lawfully carrying or possessing the firearm, air gun, knife,
144	151		ammunition, or firearm or air gun supplies or accessories.
145	152		(d-1) The exception provided by Subsection (b)(9) [(b)(10)]
146	153		does not authorize a municipality to regulate an employee's
147	154		carrying or possession of a firearm in violation of Subchapter G,
148	155		Chapter 52, Labor Code.
149	156		SECTION 6. Chapters 418 and 433, Government Code, as
150	157		amended by this Act, apply only to a declaration of disaster or
151	158		local disaster or a proclamation of a state of emergency issued or
152	159		renewed on or after the effective date of this Act. A declaration
153	160		or proclamation issued before the effective date of this Act is
154	161		governed by the law in effect immediately before the effective date
155	162		of this Act, and that law is continued in effect for that purpose.
156	163		SECTION 7. This Act takes effect September 1, 2021.
	164	+	* * * * *