By: Clardy, Krause, Hefner, Ashby, et al. H.B. No. 3231
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of firearms, air guns, knives,
  ammunition, or firearm or air gun supplies or accessories by a
  county or municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 229.001, Local Government Code, is
  amended by amending Subsections (a), (b), (d), and (e) and adding
  Subsections (a-1), (b-1), (d-1), (h), and (i) to read as follows:
         (a)  Notwithstanding any other law, including Section 43.002
  of this code and Chapter 251, Agriculture Code, a municipality may
  not adopt regulations relating to:
               (1)  the transfer, possession, wearing, carrying,
  [private] ownership, storage [keeping], transportation, licensing,
  or registration of firearms, air guns, knives, ammunition, or
  firearm or air gun supplies or accessories; [or]
               (2)  commerce in firearms, air guns, knives,
  ammunition, or firearm or air gun supplies or accessories; or
               (3)  the discharge of a firearm or air gun at a sport
  shooting range.
         (a-1)  An ordinance, resolution, rule, or policy adopted or
  enforced by a municipality, or an official action, including in any
  legislative, police power, or proprietary capacity, taken by an
  employee or agent of a municipality in violation of this section is
  void.
         (b)  Subsection (a) does not affect the authority a
  municipality has under another law to:
               (1)  require residents or public employees to be armed
  for personal or national defense, law enforcement, or another
  lawful purpose;
               (2)  regulate the discharge of firearms or air guns
  within the limits of the municipality, other than at a sport
  shooting range;
               (3)  except as provided by Subsection (b-1), adopt or
  enforce a generally applicable zoning ordinance, land use
  regulation, fire code, or business ordinance [regulate the use of
  property, the location of a business, or uses at a business under
  the municipality's fire code, zoning ordinance, or land-use
  regulations as long as the code, ordinance, or regulations are not
  used to circumvent the intent of Subsection (a) or Subdivision (5)
  of this subsection];
               (4)  regulate the use of firearms, air guns, or knives
  in the case of an insurrection, riot, or natural disaster if the
  municipality finds the regulations necessary to protect public
  health and safety;
               (5)  regulate the storage or transportation of
  explosives to protect public health and safety, except that 25
  pounds or less of black powder for each private residence and 50
  pounds or less of black powder for each retail dealer are not
  subject to regulation;
               (6)  regulate the carrying of a firearm or air gun by a
  person other than a person licensed to carry a handgun under
  Subchapter H, Chapter 411, Government Code, at a:
                     (A)  public park;
                     (B)  public meeting of a municipality, county, or
  other governmental body;
                     (C)  political rally, parade, or official
  political meeting; or
                     (D)  nonfirearms-related school, college, or
  professional athletic event;
               (7)  regulate the carrying of a firearm by a person
  licensed to carry a handgun under Subchapter H, Chapter 411,
  Government Code, in accordance with Section 411.209, Government
  Code;
               (8)  regulate the hours of operation of a sport
  shooting range, except that the hours of operation may not be more
  limited than the least limited hours of operation of any other
  business in the municipality other than a business permitted or
  licensed to sell or serve alcoholic beverages for on-premises
  consumption; [or]
               (9) [(8)]  regulate the carrying of an air gun by a
  minor on:
                     (A)  public property; or
                     (B)  private property without consent of the
  property owner; or
               (10)  except as provided by Subsection (d-1), regulate
  or prohibit an employee's carrying or possession of a firearm,
  firearm accessory, or ammunition in the course of the employee's
  official duties.
         (b-1)  The exception provided by Subsection (b)(3) does not
  apply if the ordinance or regulation is designed or enforced to
  effectively restrict or prohibit the manufacture, sale, purchase,
  transfer, or display of firearms, firearm accessories, or
  ammunition that is otherwise lawful in this state.
         (d)  The exception provided by Subsection (b)(4) does not
  authorize the seizure or confiscation of any firearm, air gun,
  knife, [or] ammunition, or firearm or air gun supplies or
  accessories from an individual who is lawfully carrying or
  possessing the firearm, air gun, knife, [or] ammunition, or firearm
  or air gun supplies or accessories.
         (d-1)  The exception provided by Subsection (b)(10) does not
  authorize a municipality to regulate an employee's carrying or
  possession of a firearm in violation of Subchapter G, Chapter 52,
  Labor Code.
         (e)  In this section:
               (1)  "Air gun" means any gun that discharges a pellet,
  BB, or paintball by means of compressed air, gas propellant, or a
  spring.
               (2)  "Ammunition" means fixed cartridge ammunition,
  shotgun shells, individual components of fixed cartridge
  ammunition and shotgun shells, projectiles for muzzle-loading
  firearms, or any propellant used in firearms or ammunition.
               (3)  "Firearm or air gun accessory" means a device
  specifically designed or adapted to:
                     (A)  enable the wearing or carrying by a person,
  or the storage or mounting in or on a conveyance, of a firearm or air
  gun; or
                     (B)  be inserted into or affixed to a firearm or
  air gun to enable, alter, or improve the functioning or
  capabilities of the firearm.
               (4)  "Knife" has the meaning assigned by Section 46.01,
  Penal Code.
               (5) [(3)]  "Sport shooting range" has the meaning
  assigned by Section 250.001.
         (h)  A person adversely affected by a violation of this
  section may file suit against the municipality in an appropriate
  court. The court shall award to a plaintiff who prevails:
               (1)  actual damages;
               (2)  equitable relief as determined by the court to be
  necessary, including declarative or injunctive relief; and
               (3)  reasonable expenses, including attorney's fees,
  court costs, and expert witness fees.
         (i)  This section does not limit the enforceability of any
  state or federal law.
         SECTION 2.  Section 236.001(1), Local Government Code, is
  amended to read as follows:
               (1)  "Air gun," "ammunition," and "firearm or air gun
  accessory" have the meanings [gun" has the meaning] assigned by
  Section 229.001.
         SECTION 3.  Section 236.002, Local Government Code, is
  amended by amending Subsection (a) and adding Subsections (a-1),
  (a-2), (a-3), and (a-4) to read as follows:
         (a)  Notwithstanding any other law, including Chapter 251,
  Agriculture Code, a county may not adopt or enforce regulations
  relating to:
               (1)  the transfer, possession, wearing,
  carrying,
  [private] ownership, storage [keeping], transportation, licensing,
  or registration of firearms, air guns, knives, ammunition, or
  firearm or air gun supplies or accessories; [or]
               (2)  commerce in firearms, air guns, knives,
  ammunition, or firearm or air gun supplies or accessories; or
               (3)  the discharge of a firearm or air gun at a sport
  shooting range.
         (a-1)  An ordinance, rule, resolution, or policy adopted or
  enforced by a county, or an official action, including in any
  legislative, police power, or proprietary capacity, taken by an
  employee or agent of a county in violation of this section is void.
         (a-2)  Subsection (a) does not affect the authority of a
  county to:
               (1)  require a resident or public employee to be armed
  for personal or national defense, law enforcement, or other purpose
  under other law;
               (2)  regulate the discharge of firearms or air guns in
  accordance with Section 235.022;
               (3)  regulate the carrying of a firearm by a person
  licensed to carry a handgun under Subchapter H, Chapter 411,
  Government Code, in accordance with Section 411.209, Government
  Code;
               (4)  except as provided by Subsection (a-3), adopt or
  enforce a generally applicable land use regulation, fire code, or
  business regulation; or
               (5)  except as provided by Subsection (a-4), regulate
  or prohibit an employee's carrying or possession of a firearm,
  firearm accessory, or ammunition in the course of the employee's
  official duties.
         (a-3)  A county order or regulation designed or enforced to
  effectively restrict or prohibit the manufacture, sale, purchase,
  transfer, or display of firearms, firearm accessories, or
  ammunition that is otherwise lawful in this state is void.
         (a-4)  Subsection (a-2)(5) does not authorize a county to
  regulate an employee's carrying or possession of a firearm in
  violation of Subchapter G, Chapter 52, Labor Code.
         SECTION 4.  Chapter 236, Local Government Code, is amended
  by adding Section 236.004 to read as follows:
         Sec. 236.004.  CIVIL REMEDY. (a)  A person adversely
  affected by a violation of this chapter may file suit against the
  county in an appropriate court.
         (b)  The court shall award to a plaintiff who prevails:
               (1)  actual damages;
               (2)  equitable relief as determined by the court to be
  necessary, including declarative or injunctive relief; and
               (3)  reasonable expenses, including attorney's fees,
  court costs, and expert witness fees.
         SECTION 5.  This Act takes effect September 1, 2019.