80R1607 MSE-D
  By: Carona S.B. No. 112
relating to the confiscation of firearms and ammunition during a
state of disaster.
       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) [(5)]  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
       SECTION 2.  Subchapter H, Chapter 418, Government Code, is
amended by adding Section 418.184 to read as follows:
       Sec. 418.184.  FIREARMS. (a) A peace officer who is acting
in the lawful execution of the officer's official duties during a
state of disaster may disarm an individual if the officer
reasonably believes it is immediately necessary for the protection
of the officer or another individual.
       (b)  The peace officer shall return the firearm to an
individual disarmed under Subsection (a) before ceasing to detain
the individual unless the officer:
             (1)  arrests the individual for engaging in criminal
activity; or
             (2)  seizes the firearm as evidence in a criminal
       SECTION 3.  Section 229.001, Local Government Code, is
amended by adding Subsection (d) to read as follows:
       (d)  The exception provided by Subsection (b)(4) does not
authorize the seizure or confiscation of any firearm or ammunition
from an individual who is lawfully carrying or possessing the
firearm or ammunition.
       SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.