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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 municipality or county to regulate |
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the locations in which a person may carry a firearm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 229.001, Local Government Code, is |
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amended by amending Subsection (b) and adding Subsection (d-2) to |
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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 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 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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(5) regulate the carrying of an air gun or firearm, |
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other than a handgun carried by a person not otherwise prohibited by |
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law from carrying a handgun, 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) 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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(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; |
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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; [or] |
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(9) 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; or |
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(10) except as provided by Subsection (d-2), regulate |
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or prohibit the carrying of a firearm on the premises of a location |
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where activities for children are regularly conducted, including a |
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museum or a child-care or recreational facility. |
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(d-2) Subsection (b)(10) does not authorize a municipality |
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to regulate or prohibit the carrying of a firearm by a person |
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described by Section 46.15(a)(1) or (b)(1), Penal Code, or by a |
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person who is otherwise authorized to carry a firearm under a |
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license or commission issued under Chapter 1702, Occupations Code. |
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SECTION 2. Section 236.002, Local Government Code, is |
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amended by amending Subsection (c) and adding Subsection (e-1) to |
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read as follows: |
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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 in |
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accordance with Section 235.022; |
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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; or |
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(6) except as provided by Subsection (e-1), regulate |
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or prohibit the carrying of a firearm on the premises of a location |
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where activities for children are regularly conducted, including a |
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museum or a child-care or recreational facility. |
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(e-1) Subsection (c)(6) does not authorize a county to |
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regulate or prohibit the carrying of a firearm by a person described |
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by Section 46.15(a)(1) or (b)(1), Penal Code, or by a person who is |
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otherwise authorized to carry a firearm under a license or |
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commission issued under Chapter 1702, Occupations Code. |
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SECTION 3. This Act takes effect September 1, 2023. |