By: Hefner, et al. (Senate Sponsor - Creighton)	H.B. No. 1500
	(In the Senate - Received from the House April 19, 2021;
	May 14, 2021, read first time and referred to Committee on State
	Affairs; May 21, 2021, reported favorably by the following vote:
	Yeas 9, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote

	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.
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