CHAPTER 433. STATE OF EMERGENCY

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE C. STATE MILITARY FORCES AND VETERANS

CHAPTER 433. STATE OF EMERGENCY

Sec. 433.001. PROCLAMATION OF STATE OF EMERGENCY. On

application of the chief executive officer or governing body of a

county or municipality during an emergency, the governor may

proclaim a state of emergency and designate the area involved.

For the purposes of this section an emergency exists in the

following situations:

(1) a riot or unlawful assembly by three or more persons acting

together by use of force or violence;

(2) if a clear and present danger of the use of violence exists;

or

(3) a natural or man-made disaster.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of

emergency is proclaimed, the governor may issue reasonable

directives calculated to control effectively and terminate the

emergency and protect life and property. Before a directive takes

effect, reasonable notice must be given in a newspaper of general

circulation in the affected area, through television or radio

serving the affected area, or by circulating notices or posting

signs at conspicuous places in the affected area.

(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.

(c) A directive takes effect according to its terms, but not

before notice is given as required by Subsection (a). The

governor may amend, modify, or rescind a directive in a manner

similar to adoption of a directive during the state of emergency.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

18, Sec. 3, eff. April 27, 2007.

Sec. 433.003. DURATION OF STATE OF EMERGENCY. (a) Except as

provided by Subsection (b), a directive expires 72 hours after

the time of proclamation of the state of emergency for which it

was issued.

(b) The governor by proclamation may terminate or set a shorter

period for a directive. The governor may proclaim successive

states of emergency, each not exceeding 72 hours, as necessary to

protect health, life, and property in the affected area, and may

extend a directive from one state of emergency to the next.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 433.004. DUTIES OF LAW ENFORCEMENT AGENCY. (a) During a

state of emergency, each law enforcement agency in the state

shall cooperate in the manner the governor or the governor's

designated representative requests and shall allow the use of the

agency's equipment and facilities as the governor or the

governor's designated representative requires, except that if the

agency is not located within the affected area, the use may not

substantially interfere with the normal duties of the agency.

(b) A county or municipal law enforcement agency shall notify

the director of the Department of Public Safety if the agency

receives notice of a threatened or actual disturbance indicating

the possibility of serious domestic violence.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 433.0045. FIREARMS. (a) A directive issued under this

chapter may not authorize the seizure or confiscation of any

firearm or ammunition from an individual who is lawfully carrying

or possessing the firearm or ammunition.

(b) A peace officer who is acting in the lawful execution of the

officer's official duties during a state of emergency may disarm

an individual if the officer reasonably believes it is

immediately necessary for the protection of the officer or

another individual.

(c) The peace officer shall return a firearm and any ammunition

to an individual disarmed under Subsection (b) 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 investigation.

Added by Acts 2007, 80th Leg., R.S., Ch.

18, Sec. 4, eff. April 27, 2007.

Sec. 433.005. CALLING OF STATE MILITARY FORCES. (a) The chief

executive officer or governing body of a county or municipality

may request the governor to provide state military forces to aid

in controlling conditions in the county or municipality that the

officer or governing body believes cannot be controlled by the

local law enforcement agencies alone. On receiving the request,

the governor may order a commander of a unit of the state

military forces to appear at a time and place the governor

directs to aid the civil authorities.

(b) After the forces have appeared at the appointed place, the

commanding officer shall obey and execute the general

instructions of the civil authorities charged by law with the

suppression of riot, the preservation of public peace, and the

protection of life and property. The instructions must be in

writing, except that if written instructions are impracticable,

the instructions may be given verbally in the presence of two or

more credible witnesses. The commanding officer shall exercise

his discretion as to the proper method of practically

accomplishing the instructions.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 433.006. VIOLATIONS. (a) A person who violates this

chapter or a directive issued under this chapter commits an

offense. An offense under this subsection is a misdemeanor

punishable by a fine of not more than $200, confinement for not

more than 60 days, or both.

(b) A temporary restraining order or temporary or permanent

injunction may be issued to prevent violation of this chapter or

a directive issued under this chapter as provided by the Texas

Rules of Civil Procedure and applicable law.

(c) The governor may institute an action under this section in

any court of competent jurisdiction in the state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 433.007. CONSTRUCTION OF CHAPTER. This chapter shall be

construed broadly to effect its intent to recognize the

governor's broad power of action in the exercise of the police

power of the state to provide adequate control over persons and

conditions during periods of impending or actual public crisis or

disaster and to provide means for local governments to protect

lives and property and maintain the operation of government.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.