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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to prohibit |
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the sale of firearms on public property in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 229.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) Subsection (a) does not affect the authority a |
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municipality has under another law to: |
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(1) require residents or public employees to be armed |
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for personal or national defense, law enforcement, or another |
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lawful purpose; |
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(2) regulate the discharge of firearms within the |
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limits of the municipality, other than at a sport shooting range; |
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(3) regulate the use of property, the location of a |
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business, or uses at a business under the municipality's fire code, |
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zoning ordinance, or land-use regulations as long as the code, |
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ordinance, or regulations are not used to circumvent the intent of |
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Subsection (a) or Subdivision (5) of this subsection; |
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(4) regulate the use of firearms in the case of an |
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insurrection, riot, or natural disaster if the municipality finds |
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the regulations necessary to protect public health and safety; |
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(5) regulate the storage or transportation of |
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explosives to protect public health and safety, except that 25 |
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pounds or less of black powder for each private residence and 50 |
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pounds or less of black powder for each retail dealer are not |
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subject to regulation; |
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(6) regulate the carrying of a firearm by a person |
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other than a person licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, at a: |
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(A) public park; |
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(B) public meeting of a municipality, county, or |
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other governmental body; |
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(C) political rally, parade, or official |
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political meeting; or |
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(D) nonfirearms-related school, college, or |
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professional athletic event; [or] |
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(7) regulate the hours of operation of a sport |
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shooting range, except that the hours of operation may not be more |
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limited than the least limited hours of operation of any other |
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business in the municipality other than a business permitted or |
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licensed to sell or serve alcoholic beverages for on-premises |
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consumption; or |
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(8) prohibit the sale of firearms on property owned or |
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controlled by the municipality, other than the sale of firearms at a |
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permanent retail store. |
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SECTION 2. Chapter 250, Local Government Code, is amended |
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by adding Section 250.007 to read as follows: |
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Sec. 250.007. SALE OF FIREARMS ON PUBLIC PROPERTY. A |
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county, municipality, or other political subdivision of this state |
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may prohibit the sale of firearms on property owned or controlled by |
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that political subdivision, other than the sale of firearms at a |
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permanent retail store. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |