By: Creighton, et al. S.B. No. 18
A BILL TO BE ENTITLED
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.
SECTION 5. Sections 229.001(b), (c), (d), and (d-1), Local
Government Code, are amended to read as follows:
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) except as provided by Subsection (b-1), adopt or
enforce a generally applicable zoning ordinance, land use
regulation, fire code, or business ordinance;
(4) [regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
[(5)] regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(5) [(6)] regulate the carrying of a firearm or air
gun by a person other than a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event;
(6) [(7)] regulate the carrying of a firearm by a
person licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, in accordance with Section 411.209, Government
Code;
(7) [(8)] regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption;
(8) [(9)] regulate the carrying of an air gun by a
minor on:
(A) public property; or
(B) private property without consent of the
property owner; or
(9) [(10)] except as provided by Subsection (d-1),
regulate or prohibit an employee's carrying or possession of a
firearm, firearm accessory, or ammunition in the course of the
employee's official duties.
(c) The exception provided by Subsection (b)(5) [(b)(6)]
does not apply if the firearm or air gun is in or is carried to or
from an area designated for use in a lawful hunting, fishing, or
other sporting event and the firearm or air gun is of the type
commonly used in the activity.
(d) Nothing in this section may be construed to [The
exception provided by Subsection (b)(4) does not] authorize the
seizure or confiscation of any firearm, air gun, knife, ammunition,
or firearm or air gun supplies or accessories from an individual who
is lawfully carrying or possessing the firearm, air gun, knife,
ammunition, or firearm or air gun supplies or accessories.
(d-1) The exception provided by Subsection (b)(9) [(b)(10)]
does not authorize a municipality to regulate an employee's
carrying or possession of a firearm in violation of Subchapter G,
Chapter 52, Labor Code.
SECTION 6. Chapters 418 and 433, Government Code, as
amended by this Act, apply only to a declaration of disaster or
local disaster or a proclamation of a state of emergency issued or
renewed on or after the effective date of this Act. A declaration
or proclamation issued before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2021.