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.