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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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certain matters related to firearms, air guns, archery equipment, |
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and other weapons and related supplies. |
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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; ARCHERY EQUIPMENT; |
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KNIVES; EXPLOSIVES. |
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SECTION 2. Sections 229.001(a), (b), (b-1), (c), and (d), |
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Local 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 or enforce regulations that: |
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(1) relate to: |
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(A) the transfer, possession, wearing, carrying, |
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ownership, storage, transportation, licensing, or registration of |
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firearms, air guns, archery equipment, knives, ammunition, or |
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firearm or air gun supplies or accessories; |
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(B) commerce in firearms, air guns, archery |
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equipment, knives, ammunition, or firearm or air gun supplies or |
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accessories; or |
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(C) the discharge of a firearm, [or] air gun, or |
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archery equipment at a sport shooting range; or |
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(2) require an owner of a firearm or archery equipment |
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to obtain liability insurance coverage for damages resulting from |
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negligent or wilful acts involving the use of the firearm or archery |
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equipment. |
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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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or archery equipment within the limits of the municipality, other |
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than at a sport 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, archery |
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equipment, or firearm, other than a handgun carried by a person not |
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otherwise prohibited by 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. |
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(b-1) The exception provided by Subsection (b)(3) does not |
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apply if the ordinance or regulation is designed or enforced to |
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effectively restrict or prohibit the manufacture, sale, purchase, |
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transfer, or display of archery equipment, firearms, firearm |
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accessories, or ammunition that is otherwise lawful in this state. |
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(c) The exception provided by Subsection (b)(5) does not |
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apply: |
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(1) if the firearm, [or] air gun, or archery equipment |
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is in or is carried to or from an area designated for use in a lawful |
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hunting, fishing, or other sporting event and the firearm, [or] air |
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gun, or archery equipment is of the type commonly used in the |
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activity; or |
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(2) to a person licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code. |
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(d) Nothing in this section may be construed to authorize |
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the seizure or confiscation of any firearm, air gun, archery |
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equipment, 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, archery equipment, knife, |
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ammunition, or firearm or air gun supplies or accessories. |
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SECTION 3. Section 229.001(e), Local Government Code, is |
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amended by adding Subdivision (2-a) to read as follows: |
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(2-a) "Archery equipment" means a long bow, recurved |
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bow, compound bow, or crossbow. The term includes an arrow and a |
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component part or accessory of an arrow, bow, or crossbow. |
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SECTION 4. Section 235.042(a), Local Government Code, is |
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amended to read as follows: |
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(a) To promote the public safety, the commissioners court of |
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a county by order may prohibit or otherwise regulate hunting with |
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bows and arrows on lots that are smaller than seven [10] acres [or |
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smaller] and are located in the unincorporated area of the county in |
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a subdivision. |
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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 FIREARMS, ARCHERY EQUIPMENT, |
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KNIVES, AMMUNITION, FIREARM SUPPLIES, AND SPORT SHOOTING RANGES |
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SECTION 6. Section 236.001, Local Government Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Archery equipment" has the meaning assigned by |
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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; ARCHERY EQUIPMENT; SPORT |
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SHOOTING RANGE. |
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SECTION 8. 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 to: |
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(A) the transfer, possession, wearing, carrying, |
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ownership, storage, transportation, licensing, or registration of |
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firearms, air guns, archery equipment, knives, ammunition, or |
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firearm or air gun supplies or accessories; |
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(B) commerce in firearms, air guns, archery |
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equipment, knives, ammunition, or firearm or air gun supplies or |
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accessories; or |
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(C) the discharge of a firearm, [or] air gun, or |
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archery equipment at a sport shooting range; or |
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(2) require an owner of a firearm or archery equipment |
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to obtain liability insurance coverage for damages resulting from |
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negligent or wilful acts involving the use of the firearm or archery |
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equipment. |
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SECTION 9. Sections 342.003(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) The governing body of the municipality may: |
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(1) prohibit dangerous chimneys, flues, fireplaces, |
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stovepipes, ovens, and other apparatus used in or about any |
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building, and require the apparatus to be removed or placed in a |
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safe condition; |
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(2) prohibit the unsafe deposit of ashes; |
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(3) appoint officers who may enter any building or |
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enclosure to examine and determine whether it is in a dangerous |
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condition and, if the building or enclosure is in a dangerous |
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condition, require that it be put in a safe condition; |
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(4) require the inhabitant of a building to maintain |
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as many fire buckets and means of access to the roof as prescribed |
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by the governing body, and regulate the use of those items in the |
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event of a fire; |
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(5) require the owner or occupant of a building to |
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maintain access to the roof and to stairs or ladders that lead to |
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the roof; |
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(6) prohibit or otherwise regulate factories and other |
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works that pose a danger of promoting or causing fires; |
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(7) prohibit or otherwise regulate the erection of |
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cotton presses and sheds; |
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(8) prohibit or otherwise regulate the use of |
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fireworks [and firearms]; |
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(9) prohibit, direct, or otherwise regulate the |
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keeping and management of buildings within the municipality that |
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are used to store gunpowder or other combustible, explosive, or |
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dangerous materials, and regulate the keeping and conveying of |
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those materials; |
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(10) regulate the building of parapet or party walls; |
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(11) authorize the mayor or other municipal officers, |
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including the officers of fire companies, to keep away from the |
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vicinity of any fire all idle, disorderly, or suspicious persons, |
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and to arrest and confine those persons; |
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(12) compel municipal officers and all other persons |
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to aid in extinguishing fires, preserving property exposed to the |
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danger of fire, and preventing theft; and |
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(13) adopt other rules for the prevention and |
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extinguishment of fires as the governing body considers necessary. |
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(b) Subsection (a)(9) [(a)(8) or (9)] does not authorize a |
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municipality to adopt any prohibition or other regulation in |
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violation of Section 229.001. |
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SECTION 10. The changes in law made by this Act apply to an |
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ordinance, order, regulation, or other measure adopted before, on, |
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or after the effective date of this Act. |
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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, 2025. |