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AN ACT
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relating to prohibited local regulation with respect to a firearm |
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or air gun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 229.001(a), Local Government Code, is |
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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 or enforce regulations that: |
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(1) relate [relating] to: |
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(A) [(1)] the transfer, possession, wearing, |
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carrying, ownership, storage, transportation, licensing, or |
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registration of firearms, air guns, knives, ammunition, or firearm |
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or air gun supplies or accessories; |
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(B) [(2)] commerce in firearms, air guns, |
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knives, ammunition, or firearm or air gun supplies or accessories; |
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or |
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(C) [(3)] the discharge of a firearm or air gun |
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at a sport shooting range; or |
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(2) require an owner of a firearm to obtain liability |
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insurance coverage for damages resulting from negligent or wilful |
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acts involving the use of the firearm. |
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SECTION 2. 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 |
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does not authorize the commissioners court to: |
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(1) regulate the transfer, ownership, possession, |
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[or] transportation, licensing, or registration of firearms or air |
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guns; or |
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(2) [and does not authorize the court to] require an |
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owner of a firearm to obtain liability insurance coverage for |
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damages resulting from negligent or wilful acts involving the use |
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of the firearm [the registration of firearms or air guns]. |
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SECTION 3. 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 or enforce regulations |
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that: |
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(1) relate [relating] to: |
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(A) [(1)] the transfer, possession, wearing, |
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carrying, ownership, storage, transportation, licensing, or |
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registration of firearms, air guns, knives, ammunition, or firearm |
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or air gun supplies or accessories; |
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(B) [(2)] commerce in firearms, air guns, |
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knives, ammunition, or firearm or air gun supplies or accessories; |
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or |
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(C) [(3)] the discharge of a firearm or air gun |
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at a sport shooting range; or |
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(2) require an owner of a firearm to obtain liability |
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insurance coverage for damages resulting from negligent or wilful |
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acts involving the use of the firearm. |
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SECTION 4. The changes in law made by this Act apply to an |
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ordinance, order, or regulation that is adopted or enforced before, |
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on, or after the effective date of this Act. |
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SECTION 5. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3137 was passed by the House on May 5, |
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2023, by the following vote: Yeas 84, Nays 58, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3137 was passed by the Senate on May |
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23, 2023, by the following vote: Yeas 19, Nays 12. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |