88R10571 MCF-D
 
  By: West S.B. No. 2092
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality or county to regulate
  the locations in which a person may carry a firearm.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 229.001, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (d-2) to
  read as follows:
         (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;
               (4)  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;
               (5)  regulate the carrying of an air gun or firearm,
  other than a handgun carried by a person not otherwise prohibited by
  law from carrying a handgun, 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;
               (6)  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;
               (7)  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;
               (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]
               (9)  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; or
               (10)  except as provided by Subsection (d-2), regulate
  or prohibit the carrying of a firearm on the premises of a location
  where activities for children are regularly conducted, including a
  museum or a child-care or recreational facility.
         (d-2)  Subsection (b)(10) does not authorize a municipality
  to regulate or prohibit the carrying of a firearm by a person
  described by Section 46.15(a)(1) or (b)(1), Penal Code, or by a
  person who is otherwise authorized to carry a firearm under a
  license or commission issued under Chapter 1702, Occupations Code.
         SECTION 2.  Section 236.002, Local Government Code, is
  amended by amending Subsection (c) and adding Subsection (e-1) to
  read as follows:
         (c)  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 (d), adopt or
  enforce a generally applicable land use regulation, fire code, or
  business regulation; [or]
               (5)  except as provided by Subsection (e), 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; or
               (6)  except as provided by Subsection (e-1), regulate
  or prohibit the carrying of a firearm on the premises of a location
  where activities for children are regularly conducted, including a
  museum or a child-care or recreational facility.
         (e-1)  Subsection (c)(6) does not authorize a county to
  regulate or prohibit the carrying of a firearm by a person described
  by Section 46.15(a)(1) or (b)(1), Penal Code, or by a person who is
  otherwise authorized to carry a firearm under a license or
  commission issued under Chapter 1702, Occupations Code.
         SECTION 3.  This Act takes effect September 1, 2023.