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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of knives and related supplies and the |
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enforcement of regulations regarding certain weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 229, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER A. REGULATION OF FIREARMS, AIR GUNS, [AND] EXPLOSIVES, |
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AND KNIVES |
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SECTION 2. The heading to Section 229.001, Local Government |
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Code, is amended to read as follows: |
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Sec. 229.001. FIREARMS; AIR GUNS; EXPLOSIVES; KNIVES. |
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SECTION 3. Sections 229.001(a), (b), (d), and (e), Local |
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Government Code, are amended to read as follows: |
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(a) Notwithstanding any other law, including Section 43.002 |
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of this code and Chapter 251, Agriculture Code, a municipality may |
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not adopt regulations relating to: |
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(1) the transfer, private ownership, keeping, |
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transportation, licensing, or registration of firearms, air guns, |
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knives, ammunition, or firearm or air gun supplies; or |
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(2) the discharge of a firearm or air gun at a sport |
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shooting range. |
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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 or air guns |
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within the limits of the municipality, other than at a sport |
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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, [or] air guns, or |
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knives in the case of an insurrection, riot, or natural disaster if |
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the municipality finds the regulations necessary to protect public |
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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 or air gun by a |
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person other than a person licensed to carry a concealed handgun |
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under 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; |
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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) regulate the carrying of an air gun by a minor on: |
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(A) public property; or |
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(B) private property without consent of the |
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property owner. |
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(d) The exception provided by Subsection (b)(4) does not |
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authorize the seizure or confiscation of any firearm, air gun, |
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knife, or ammunition from an individual who is lawfully carrying or |
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possessing the firearm, air gun, knife, or ammunition. |
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(e) In this section: |
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(1) "Air gun" means any gun that discharges a pellet, |
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BB, or paintball by means of compressed air, gas propellant, or a |
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spring. |
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(2) "Knife" has the meaning assigned by Section 46.01, |
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Penal Code. |
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(3) "Sport shooting range" has the meaning assigned by |
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Section 250.001. |
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SECTION 4. The heading to Chapter 236, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 236. COUNTY REGULATION OF WEAPONS, FIREARMS, AMMUNITION, |
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FIREARM SUPPLIES, AND SPORT SHOOTING RANGES |
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SECTION 5. Section 236.001, Local Government Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Knife" has the meaning assigned by Section |
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46.01, Penal Code. |
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SECTION 6. Section 236.002(a), Local Government Code, is |
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amended to read as follows: |
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(a) Notwithstanding any other law, including Chapter 251, |
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Agriculture Code, a county may not adopt regulations relating to: |
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(1) the transfer, private ownership, keeping, |
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transportation, licensing, or registration of firearms, air guns, |
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ammunition, knives, or firearm or air gun supplies; or |
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(2) the discharge of a firearm or air gun at a sport |
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shooting range. |
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SECTION 7. (a) A municipality or county may not enforce a |
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regulation adopted by the municipality or county before the |
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effective date of this Act that relates to knives, if the adoption |
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of the regulation would be prohibited under Section 229.001 or |
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236.002, Local Government Code, as amended by this Act. |
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(b) A court in which a proceeding is pending for a violation |
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of a regulation described by Subsection (a) of this section shall |
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dismiss the proceeding. |
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(c) The prohibition of enforcement of a regulation under |
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Subsection (a) of this section does not: |
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(1) affect a final judgment of a court upholding a |
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penalty under a regulation described by Subsection (a); or |
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(2) entitle a person who has paid a penalty for a |
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violation of the regulation to a refund of the penalty. |
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SECTION 8. This Act takes effect September 1, 2015. |