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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of firearms or ammunition by a |
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municipality or county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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; KNIVES; EXPLOSIVES. |
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SECTION 2. Sections 229.001(a), (b), (c), and (d), 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, possession, wearing, carrying, |
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ownership, storage, transportation, licensing, or registration of |
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[firearms,] air guns, knives, [ammunition,] or [firearm or] air gun |
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supplies or accessories; |
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(2) commerce in [firearms,] air guns, knives, |
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[ammunition,] or [firearm or] air gun supplies or accessories; or |
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(3) the discharge of an [a firearm or] air gun at a |
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sport 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) [except as provided by Subsection (b-1),] adopt or |
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enforce a generally applicable zoning ordinance, land use |
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regulation, fire code, or business ordinance; |
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(4) regulate the use of [firearms,] 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 an [a firearm or] air |
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gun by a person [other than a person licensed to carry a 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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(6) [(7) regulate the carrying of a firearm by a |
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person licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, in accordance with Section 411.209, Government |
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Code; |
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[(8)] 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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(7) [(9)] regulate the carrying of an air gun by a |
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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[; or |
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[(10) except as provided by Subsection (d-1), regulate |
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or prohibit an employee's carrying or possession of a firearm, |
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firearm accessory, or ammunition in the course of the employee's |
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official duties]. |
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(c) The exception provided by Subsection (b)(5) [(b)(6)] |
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does not apply if the [firearm or] air gun is in or is carried to or |
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from an area designated for use in a lawful hunting, fishing, or |
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other sporting event and the [firearm or] air gun is of the type |
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commonly used in the activity. |
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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, [ammunition,] or [firearm or] air gun supplies or |
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accessories from an individual who is lawfully carrying or |
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possessing the [firearm,] air gun, knife, [ammunition,] or [firearm |
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or] air gun supplies or accessories. |
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SECTION 3. Section 229.001(e)(3), Local Government Code, is |
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amended to read as follows: |
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(3) "Air gun accessory" ["Firearm or air gun |
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accessory"] means a device specifically designed or adapted to: |
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(A) enable the wearing or carrying by a person, |
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or the storage or mounting in or on a conveyance, of an [a firearm |
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or] air gun; or |
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(B) be inserted into or affixed to an [a firearm |
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or] air gun to enable, alter, or improve the functioning or |
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capabilities of the air gun [firearm]. |
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SECTION 4. Section 235.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 235.023. PROHIBITED REGULATIONS. This subchapter does |
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not authorize the commissioners court to regulate the transfer, |
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ownership, possession, or transportation of [firearms or] air guns |
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and does not authorize the court to require the registration of |
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[firearms or] air guns. |
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SECTION 5. 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 AIR GUNS [FIREARMS], KNIVES, |
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[AMMUNITION, FIREARM SUPPLIES,] AND SPORT SHOOTING RANGES |
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SECTION 6. Section 236.001(1), Local Government Code, is |
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amended to read as follows: |
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(1) "Air gun" ["Air gun," "ammunition,"] and "air gun |
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accessory" ["firearm or air gun accessory"] have the meanings |
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assigned by Section 229.001. |
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SECTION 7. The heading to Section 236.002, Local Government |
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Code, is amended to read as follows: |
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Sec. 236.002. [FIREARMS;] AIR GUNS; KNIVES; SPORT SHOOTING |
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RANGE. |
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SECTION 8. Sections 236.002(a) and (c), Local Government |
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Code, are 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 or enforce regulations |
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relating to: |
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(1) the transfer, possession, wearing, carrying, |
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ownership, storage, transportation, licensing, or registration of |
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[firearms,] air guns, knives, [ammunition,] or [firearm or] air gun |
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supplies or accessories; |
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(2) commerce in [firearms,] air guns, knives, |
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[ammunition,] or [firearm or] air gun supplies or accessories; or |
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(3) the discharge of an [a firearm or] air gun at a |
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sport shooting range. |
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(c) Subsection (a) does not affect the authority of a county |
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to: |
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(1) require a resident or public employee to be armed |
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for personal or national defense, law enforcement, or other purpose |
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under other law; |
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(2) regulate the discharge of [firearms or] air guns |
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in accordance with Section 235.022; or |
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(3) [regulate the carrying of a firearm by a person |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, in accordance with Section 411.209, Government |
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Code; |
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[(4) except as provided by Subsection (d),] adopt or |
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enforce a generally applicable land use regulation, fire code, or |
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business regulation[; or |
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[(5) except as provided by Subsection (e), regulate or |
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prohibit an employee's carrying or possession of a firearm, firearm |
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accessory, or ammunition in the course of the employee's official |
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duties]. |
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SECTION 9. Section 236.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 236.003. REGULATION OF OUTDOOR SPORT SHOOTING RANGE. |
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Notwithstanding Section 236.002, a county may regulate the |
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discharge of an [a firearm or] air gun at an outdoor sport shooting |
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range as provided by Subchapter B, Chapter 235. |
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SECTION 10. The following provisions of the Local |
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Government Code are repealed: |
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(1) Sections 229.001(b-1) and (d-1); |
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(2) Section 229.001(e)(2); |
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(3) Sections 236.002(d) and (e); and |
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(4) Section 342.003(b). |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |