Bill Text: TX SB1400 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the municipal and county regulation of air guns.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1400 Detail]
Download: Texas-2013-SB1400-Enrolled.html
S.B. No. 1400 |
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relating to the municipal and county regulation of air guns. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 229.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 229.001. FIREARMS; AIR GUNS; EXPLOSIVES. | ||
(a) Notwithstanding any other law, including Section 43.002 of | ||
this code and Chapter 251, Agriculture Code, a municipality may not | ||
adopt regulations relating to: | ||
(1) the transfer, private ownership, keeping, | ||
transportation, licensing, or registration of firearms, air guns, | ||
ammunition, or firearm or air gun supplies; or | ||
(2) the discharge of a firearm or air gun at a sport | ||
shooting range. | ||
(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) regulate the use of property, the location of a | ||
business, or uses at a business under the municipality's fire code, | ||
zoning ordinance, or land-use regulations as long as the code, | ||
ordinance, or regulations are not used to circumvent the intent of | ||
Subsection (a) or Subdivision (5) of this subsection; | ||
(4) regulate the use of firearms or air guns in the | ||
case of an insurrection, riot, or natural disaster if the | ||
municipality finds the regulations necessary to protect public | ||
health and safety; | ||
(5) 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; | ||
(6) regulate the carrying of a firearm or air gun by a | ||
person other than a person licensed to carry a concealed handgun | ||
under Subchapter H, Chapter 411, Government Code, 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; [ |
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(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; or | ||
(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. | ||
(c) The exception provided by Subsection (b)(6) does not | ||
apply if the firearm or air gun is in or is carried to or from an | ||
area designated for use in a lawful hunting, fishing, or other | ||
sporting event and the firearm or air gun is of the type commonly | ||
used in the activity. | ||
(d) The exception provided by Subsection (b)(4) does not | ||
authorize the seizure or confiscation of any firearm, air gun, or | ||
ammunition from an individual who is lawfully carrying or | ||
possessing the firearm, air gun, or ammunition. | ||
(e) In this section: | ||
(1) "Air gun" means any gun that discharges a pellet, | ||
BB, or paintball by means of compressed air, gas propellant, or a | ||
spring. | ||
(2) "Sport[ |
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assigned by Section 250.001. | ||
SECTION 2. Subchapter B, Chapter 235, Local Government | ||
Code, is amended by adding Section 235.020 to read as follows: | ||
Sec. 235.020. DEFINITION. In this subchapter, "air gun" | ||
has the meaning assigned by Section 229.001. | ||
SECTION 3. Section 235.022, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 235.022. AUTHORITY TO REGULATE. To promote the public | ||
safety, the commissioners court of a county by order may prohibit or | ||
otherwise regulate the discharge of firearms and air guns on lots | ||
that are 10 acres or smaller and are located in the unincorporated | ||
area of the county in a subdivision. | ||
SECTION 4. Section 235.023, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 235.023. PROHIBITED REGULATIONS. This subchapter does | ||
not authorize the commissioners court to regulate the transfer, | ||
ownership, possession, or transportation of firearms or air guns | ||
and does not authorize the court to require the registration of | ||
firearms or air guns. | ||
SECTION 5. Section 236.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 236.001. DEFINITIONS [ |
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(1) "Air gun" has the meaning assigned by Section | ||
229.001. | ||
(2) "Sport[ |
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assigned by Section 250.001. | ||
SECTION 6. Section 236.002, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 236.002. FIREARMS; AIR GUNS; SPORT SHOOTING RANGE. | ||
Notwithstanding any other law, including Chapter 251, Agriculture | ||
Code, a county may not adopt regulations relating to: | ||
(1) the transfer, private ownership, keeping, | ||
transportation, licensing, or registration of firearms, air guns, | ||
ammunition, or firearm or air gun supplies; or | ||
(2) the discharge of a firearm or air gun at a sport | ||
shooting range. | ||
SECTION 7. Section 236.003, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 236.003. REGULATION OF OUTDOOR SPORT SHOOTING RANGE. | ||
Notwithstanding Section 236.002, a county may regulate the | ||
discharge of a firearm or air gun at an outdoor sport shooting range | ||
as provided by Subchapter B, Chapter 235. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1400 passed the Senate on | ||
April 25, 2013, by the following vote: Yeas 26, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1400 passed the House on | ||
May 22, 2013, by the following vote: Yeas 143, Nays 1, three | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |