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A BILL TO BE ENTITLED
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AN ACT
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relating to the confiscation of firearms and ammunition during a |
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state of disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.003, Government Code, is amended to |
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read as follows: |
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Sec. 418.003. LIMITATIONS. This chapter does not: |
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(1) limit the governor's authority to apply for, |
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administer, or expend any grant, gift, or payment in aid of disaster |
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mitigation, preparedness, response, or recovery; |
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(2) interfere with the course or conduct of a labor |
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dispute, except that actions otherwise authorized by this chapter |
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or other laws may be taken when necessary to forestall or mitigate |
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imminent or existing danger to public health or safety; |
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(3) interfere with dissemination of news or comment on |
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public affairs, but any communications facility or organization, |
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including radio and television stations, wire services, and |
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newspapers, may be required to transmit or print public service |
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messages furnishing information or instructions in connection with |
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a disaster or potential disaster; |
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(4) affect the jurisdiction or responsibilities of |
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police forces, fire-fighting forces, units of the armed forces of |
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the United States, or of any of their personnel when on active duty, |
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but state, local, and interjurisdictional emergency management |
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plans shall place reliance on the forces available for performance |
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of functions related to disasters; [or] |
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(5) except as provided by Section 418.184, authorize |
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the seizure or confiscation of any firearm or ammunition from an |
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individual who is lawfully carrying or possessing the firearm or |
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ammunition; or |
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(6) limit, modify, or abridge the authority of the |
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governor to proclaim martial law or exercise any other powers |
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vested in the governor under the constitution or laws of this state |
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independent of or in conjunction with any provisions of this |
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chapter. |
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SECTION 2. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Section 418.184 to read as follows: |
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Sec. 418.184. FIREARMS. (a) A peace officer who is acting |
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in the lawful execution of the officer's official duties during a |
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state of disaster may disarm an individual if the officer |
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reasonably believes it is immediately necessary for the protection |
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of the officer or another individual. |
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(b) The peace officer shall return a firearm and any |
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ammunition to an individual disarmed under Subsection (a) before |
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ceasing to detain the individual unless the officer: |
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(1) arrests the individual for engaging in criminal |
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activity; or |
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(2) seizes the firearm as evidence in a criminal |
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investigation. |
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SECTION 3. Subsection (b), Section 433.002, Government |
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Code, is amended to read as follows: |
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(b) The directive may provide for: |
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(1) control of public and private transportation in |
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the affected area; |
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(2) designation of specific zones in the affected area |
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in which, if necessary, the use and occupancy of buildings and |
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vehicles may be controlled; |
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(3) control of the movement of persons; |
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(4) control of places of amusement or assembly; |
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(5) establishment of curfews; |
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(6) control of the sale, transportation, and use of |
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alcoholic beverages, weapons, and ammunition, except as provided by |
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Section 433.0045; and |
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(7) control of the storage, use, and transportation of |
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explosives or flammable materials considered dangerous to public |
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safety. |
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SECTION 4. Chapter 433, Government Code, is amended by |
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adding Section 433.0045 to read as follows: |
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Sec. 433.0045. FIREARMS. (a) A directive issued under |
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this chapter may not authorize the seizure or confiscation of any |
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firearm or ammunition from an individual who is lawfully carrying |
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or possessing the firearm or ammunition. |
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(b) A peace officer who is acting in the lawful execution of |
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the officer's official duties during a state of emergency may |
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disarm an individual if the officer reasonably believes it is |
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immediately necessary for the protection of the officer or another |
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individual. |
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(c) The peace officer shall return a firearm and any |
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ammunition to an individual disarmed under Subsection (b) before |
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ceasing to detain the individual unless the officer: |
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(1) arrests the individual for engaging in criminal |
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activity; or |
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(2) seizes the firearm as evidence in a criminal |
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investigation. |
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SECTION 5. Section 229.001, Local Government Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) The exception provided by Subsection (b)(4) does not |
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authorize the seizure or confiscation of any firearm or ammunition |
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from an individual who is lawfully carrying or possessing the |
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firearm or ammunition. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |