Bill Text: TX HB238 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the regulation of firearms or ammunition by a municipality or county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-09 - Filed [HB238 Detail]

Download: Texas-2021-HB238-Introduced.html
  87R1464 NC-D
 
  By: Meza H.B. No. 238
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of firearms or ammunition by a
  municipality or county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 229.001, Local Government
  Code, is amended to read as follows:
         Sec. 229.001.  [FIREARMS;] AIR GUNS; KNIVES; EXPLOSIVES.
         SECTION 2.  Sections 229.001(a), (b), (c), and (d), Local
  Government Code, are amended to read as follows:
         (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, possession, wearing, carrying,
  ownership, storage, transportation, licensing, or registration of
  [firearms,] air guns, knives, [ammunition,] or [firearm or] air gun
  supplies or accessories;
               (2)  commerce in [firearms,] air guns, knives,
  [ammunition,] or [firearm or] air gun supplies or accessories; or
               (3)  the discharge of an [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)  [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 use of [firearms,] air guns[,] or
  knives 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 an [a firearm or] air
  gun by a person [other than a person licensed to carry a 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;
               (6) [(7)  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;
               [(8)]  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
               (7) [(9)]  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
               [(10) 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].
         (c)  The exception provided by Subsection (b)(5) [(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,
  knife, [ammunition,] or [firearm or] air gun supplies or
  accessories from an individual who is lawfully carrying or
  possessing the [firearm,] air gun, knife, [ammunition,] or [firearm
  or] air gun supplies or accessories.
         SECTION 3.  Section 229.001(e)(3), Local Government Code, is
  amended to read as follows:
               (3)  "Air gun accessory" ["Firearm or air gun
  accessory"] means a device specifically designed or adapted to:
                     (A)  enable the wearing or carrying by a person,
  or the storage or mounting in or on a conveyance, of an [a firearm
  or] air gun; or
                     (B)  be inserted into or affixed to an [a firearm
  or] air gun to enable, alter, or improve the functioning or
  capabilities of the air gun [firearm].
         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.  The heading to Chapter 236, Local Government
  Code, is amended to read as follows:
  CHAPTER 236. COUNTY REGULATION OF AIR GUNS [FIREARMS], KNIVES,
  [AMMUNITION, FIREARM SUPPLIES,] AND SPORT SHOOTING RANGES
         SECTION 6.  Section 236.001(1), Local Government Code, is
  amended to read as follows:
               (1)  "Air gun" ["Air gun," "ammunition,"] and "air gun
  accessory" ["firearm or air gun accessory"] have the meanings
  assigned by Section 229.001.
         SECTION 7.  The heading to Section 236.002, Local Government
  Code, is amended to read as follows:
         Sec. 236.002.  [FIREARMS;] AIR GUNS; KNIVES; SPORT SHOOTING
  RANGE.
         SECTION 8.  Sections 236.002(a) and (c), Local Government
  Code, are amended to read as follows:
         (a)  Notwithstanding any other law, including Chapter 251,
  Agriculture Code, a county may not adopt or enforce regulations
  relating to:
               (1)  the transfer, possession, wearing, carrying,
  ownership, storage, transportation, licensing, or registration of
  [firearms,] air guns, knives, [ammunition,] or [firearm or] air gun
  supplies or accessories;
               (2)  commerce in [firearms,] air guns, knives,
  [ammunition,] or [firearm or] air gun supplies or accessories; or
               (3)  the discharge of an [a firearm or] air gun at a
  sport shooting range.
         (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; or
               (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].
         SECTION 9.  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 an [a firearm or] air gun at an outdoor sport shooting
  range as provided by Subchapter B, Chapter 235.
         SECTION 10.  The following provisions of the Local
  Government Code are repealed:
               (1)  Sections 229.001(b-1) and (d-1);
               (2)  Section 229.001(e)(2);
               (3)  Sections 236.002(d) and (e); and
               (4)  Section 342.003(b).
         SECTION 11.  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, 2021.
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