Texas

Texas HB 1177 - Disaster Declarations

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LEAP Forward Position:  Oppose

LEAP Forward Position: Oppose

Texas HB 1177

Relating to carrying a handgun during a state of disaster.

by Trent Ashby (R), Will Metcalf (R), Dade Phelan (R), Steve Toth (R), James White (R)

Last Action: Reported favorably as substituted 


(1) the person carries the handgun while:

(A) evacuating from an area subject to a mandatory evacuation order issued during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; or

(B) reentering that area following the person’s evacuation;

(2) not more than 168 hours have elapsed since the evacuation was ordered or more than 168 hours have elapsed since the evacuation order was issued and the governor has extended the period during which a person may carry a handgun; and

(3) the person is not prohibited by state or federal law from possessing a firearm.

(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(4), (b)(5), and (b)(6) do not apply to a person who carries a handgun if:

(1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code;

(2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; and

(3) the person is not prohibited by state or federal law from possessing a firearm.