HB 2702

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 2702 seeks to amend Section 418.012 of the Texas Government Code to restrict the governor's executive authority during declared states of disaster. Specifically, the bill prohibits the governor from including veterans’ organizations—classified as 501(c)(19) nonprofit entities under the federal tax code—in any executive order, proclamation, or regulation that restricts their operations or hours of operation, solely on the basis that they serve alcoholic beverages. This limitation, however, explicitly does not apply in cases of natural disasters, where broader emergency powers may still be exercised.

The bill targets the protection of veterans’ organizations that provide social, recreational, and charitable services to former members of the United States armed forces. Many of these organizations rely on food and beverage sales, including alcohol, to fund their activities and support their members. During the COVID-19 pandemic, executive orders mandating widespread business closures or limited operational hours often included these organizations alongside commercial bars and restaurants, leading to significant operational and financial disruptions. HB 2702 aims to prevent a recurrence of such restrictions under future disaster declarations, unless the disaster is natural in origin (e.g., hurricanes or floods).

HB 2702 applies prospectively, meaning it only affects disaster declarations issued or renewed on or after its effective date. If the bill receives two-thirds support in both chambers, it would take effect immediately; otherwise, it becomes law on September 1, 2025. Overall, the bill reflects a legislative effort to balance executive emergency powers with civil liberty protections and the unique role veterans’ organizations play in Texas communities.
Author (5)
Richard Raymond
Terry Wilson
David Lowe
Andy Hopper
Carrie Isaac
Co-Author (1)
Penny Morales Shaw
Sponsor (1)
Adam Hinojosa
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2702 is not expected to have a significant fiscal impact on the state. The bill's primary function—exempting certain veterans’ organizations from executive orders that restrict business operations during states of disaster—does not create any new state programs, mandates, or direct appropriations that would burden the state budget. Any associated revenue implications or enforcement costs are expected to be negligible.

At the local government level, the bill likewise poses no significant fiscal implications. The affected organizations operate independently of city or county funding streams, and local jurisdictions would not incur administrative or enforcement costs resulting from the bill’s passage. The Texas Alcoholic Beverage Commission, the Comptroller’s Office, and the Office of the Governor—agencies named in the fiscal note—are not anticipated to experience budgetary pressure or require additional staffing to implement the provisions of the bill​.

Overall, HB 2702 appears fiscally neutral, aligning with the legislative intent to safeguard the operational continuity of veterans’ nonprofits without imposing costs on state or local entities. This minimal fiscal footprint may help ensure bipartisan support and ease of implementation.

Vote Recommendation Notes

HB 2702 is a narrowly tailored response to executive restrictions imposed during the COVID-19 pandemic that unintentionally harmed veteran-focused nonprofit organizations such as the Veterans of Foreign Wars (VFW). These organizations, which often serve as key community hubs through services like youth programs, civic events, and public support for veterans, were subjected to closure under blanket orders that applied to businesses earning more than 51% of revenue from alcohol sales. As a result, many VFW posts across Texas were shuttered, disrupting their ability to serve both their members and their communities​.

The bill provides a carve-out to prevent such closures in future state-of-disaster declarations, as long as the disaster is not a natural one (e.g., a hurricane or flood). This maintains a safeguard for true emergencies while limiting executive overreach during broader emergency declarations like pandemics. Importantly, it does so without granting additional rulemaking authority or creating a new criminal offense, and the fiscal note confirms that implementation would have no significant cost to the state or local governments​​.

From a liberty-oriented perspective, HB 2702 upholds key principles of limited government, individual liberty, and private property rights. It curtails broad executive authority that could otherwise infringe on the autonomy of private, nonprofit institutions that provide vital public service. Additionally, by restricting only future executive action and preserving natural disaster authority, it reflects a balanced legislative response, rather than a sweeping rollback of emergency powers. This approach makes HB 2702 both principled and practical in its scope and execution. Texas Policy Research recommends that lawmakers vote YES on HB 2702.

  • Individual Liberty: The bill supports the freedom of association and assembly by ensuring that veterans’ organizations like the VFW can continue to meet and serve their communities, even during declared states of disaster (excluding natural disasters). These organizations often provide social, emotional, and civic support to veterans, and their forced closure during COVID-era executive orders raised concerns about infringements on constitutional freedoms. HB 2702 reaffirms that peaceful civic activity should not be curtailed without clear and urgent necessity.
  • Personal Responsibility: While protecting veterans’ organizations from blanket restrictions, the bill still allows such orders to be enforced during natural disasters—acknowledging the need for appropriate public safety responses. This balance empowers these organizations to remain open during other emergencies, assuming responsibility for safe operations, while reserving state intervention for clearly justifiable cases. This encourages self-governance and responsible risk management within the affected nonprofits.
  • Free Enterprise: Many 501(c)(19) veterans' organizations rely on alcohol sales to fund their services and community activities. By exempting them from non-natural disaster-related shutdowns based on alcohol revenue classification, HB 2702 prevents unnecessary interference in their economic operations. It safeguards their entrepreneurial capacity, even as nonprofits, to sustain financial independence through lawful commerce. This supports economic liberty at the grassroots level.
  • Private Property Rights: These organizations often operate out of privately owned or leased buildings and are funded independently. The bill ensures that their ability to use and manage those spaces is not arbitrarily restricted by executive action. This affirms the principle that lawful, peaceful use of private property should not be compromised by vague or overly broad government mandates.
  • Limited Government: HB 2702 is a direct check on executive authority. It limits the governor’s power to impose certain restrictions during a state of disaster and thereby strengthens the role of the legislature in disaster response policy. It reflects concerns across party platforms—particularly among Republican and Libertarian constituencies—about ensuring that emergency powers do not become a vehicle for unchecked regulation​​.
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