By Greenberg                                            H.B. No. 34

      75R1440 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of a municipality to regulate firearms.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 215.001(b), Local Government Code, is

 1-5     amended to read as follows:

 1-6           (b)  Subsection (a) does not affect the authority a

 1-7     municipality has under another law to:

 1-8                 (1)  require residents or public employees to be armed

 1-9     for personal or national defense, law enforcement, or another

1-10     lawful purpose;

1-11                 (2)  regulate the discharge of firearms within the

1-12     limits of the municipality;

1-13                 (3)  regulate the use of property, the location of a

1-14     business, or uses at a business under the municipality's fire code,

1-15     zoning ordinance, or land-use regulations as long as the code,

1-16     ordinance, or regulations are not used to circumvent the intent of

1-17     Subsection (a) or Subdivision (5) of this subsection;

1-18                 (4)  regulate the use of firearms in the case of an

1-19     insurrection, riot, or natural disaster if the municipality finds

1-20     the regulations necessary to protect public health and safety;

1-21                 (5)  regulate the storage or transportation of

1-22     explosives to protect public health and safety, except that 25

1-23     pounds or less of black powder for each private residence and 50

1-24     pounds or less of black powder for each retail dealer are not

 2-1     subject to regulation;

 2-2                 (6)  regulate the carrying of a firearm by a person at

 2-3     a public park; or

 2-4                 (7) [(6)]  regulate the carrying of a firearm by a

 2-5     person other than a person licensed to carry a concealed handgun

 2-6     under Article 4413(29ee), Revised Statutes, at a:

 2-7                       (A)  [public park;]

 2-8                       [(B)]  public meeting of a municipality, county,

 2-9     or other governmental body;

2-10                       (B) [(C)]  political rally, parade, or official

2-11     political meeting; or

2-12                       (C) [(D)]  nonfirearms-related school, college,

2-13     or professional athletic event.

2-14           SECTION 2.  This Act takes effect September 1, 1997.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.