Bill Text: TX HB927 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of firearms, air guns, knives, ammunition, and firearm and air gun supplies; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to Homeland Security & Public Safety [HB927 Detail]
Download: Texas-2017-HB927-Introduced.html
| 85R5653 DMS-F | ||
| By: White | H.B. No. 927 | |
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| relating to the regulation of firearms, air guns, knives, | ||
| ammunition, and firearm and air gun supplies; imposing a civil | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 229.001(a), Local Government Code, is | ||
| 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, storage, carrying, wearing, private | ||
| ownership, keeping, transportation, licensing, or registration of | ||
| firearms, air guns, knives, ammunition, or firearm or air gun | ||
| supplies; or | ||
| (2) the discharge of a firearm or air gun at a sport | ||
| shooting range. | ||
| SECTION 2. Subtitle C, Title 7, Local Government Code, is | ||
| amended by adding Chapter 247 to read as follows: | ||
| CHAPTER 247. REGULATION OF FIREARMS, KNIVES, AND AMMUNITION | ||
| Sec. 247.001. DEFINITIONS. In this chapter: | ||
| (1) "Local regulation" means an ordinance, order, or | ||
| regulation of a political subdivision. | ||
| (2) "Officer" means a person appointed or elected as | ||
| an executive officer of a political subdivision. | ||
| (3) "Political subdivision" means a municipality, | ||
| county, or special-purpose district, including a school, junior | ||
| college, water, hospital, or conservation and reclamation | ||
| district. | ||
| Sec. 247.002. UNAUTHORIZED LOCAL REGULATION OF FIREARMS, | ||
| KNIVES, AND AMMUNITION. (a) Notwithstanding any other law, a | ||
| political subdivision or an officer of a political subdivision may | ||
| not adopt or enforce a local regulation relating to a firearm, a | ||
| knife, or ammunition unless authorized by this code or other state | ||
| law. | ||
| (b) A local regulation relating to a firearm, a knife, or | ||
| ammunition that is not authorized by this code or other state law is | ||
| invalid. | ||
| (c) A political subdivision that violates Subsection (a) is | ||
| liable for a civil penalty of: | ||
| (1) not less than $1,000 and not more than $1,500 for | ||
| the first violation; and | ||
| (2) not less than $10,000 and not more than $10,500 for | ||
| the second or a subsequent violation. | ||
| (d) Each day of a continuing violation of Subsection (a) | ||
| constitutes a separate violation. | ||
| (e) If a political subdivision violates Subsection (a), a | ||
| person may provide the political subdivision a written notice that | ||
| describes the violation and the specific location of the violation. | ||
| If the political subdivision does not cure the violation before the | ||
| end of the third business day after the date of receiving the | ||
| notice, the person may file a complaint with the attorney general | ||
| concerning the violation. A complaint filed under this subsection | ||
| must include evidence of the violation and a copy of the notice. | ||
| (f) A civil penalty collected by the attorney general under | ||
| this section shall be deposited to the credit of the compensation to | ||
| victims of crime fund established under Subchapter B, Chapter 56, | ||
| Code of Criminal Procedure. | ||
| (g) Before a suit may be brought against a political | ||
| subdivision for a violation of Subsection (a), the attorney general | ||
| must investigate the complaint to determine whether legal action is | ||
| warranted. If legal action is warranted, the attorney general must | ||
| give the chief administrative officer of the political subdivision | ||
| charged with the violation a written notice that: | ||
| (1) describes the violation and specific location of | ||
| the violation; | ||
| (2) states the amount of the proposed penalty for the | ||
| violation; and | ||
| (3) gives the political subdivision 15 days from | ||
| receipt of the notice to cure the violation to avoid the penalty, | ||
| unless the political subdivision was found liable by a court for | ||
| previously violating Subsection (a). | ||
| (h) If the attorney general determines that legal action is | ||
| warranted and that the political subdivision has not cured the | ||
| violation within the 15-day period provided by Subsection (g)(3), | ||
| the attorney general or the appropriate county or district attorney | ||
| may sue to collect the civil penalty provided by Subsection (c). The | ||
| attorney general may also file a petition for a writ of mandamus or | ||
| apply for other appropriate equitable relief. A suit or petition | ||
| under this subsection may be filed in a district court in Travis | ||
| County or in a county in which the principal office of the political | ||
| subdivision is located. The attorney general may recover reasonable | ||
| expenses incurred in obtaining relief under this subsection, | ||
| including court costs, reasonable attorney's fees, investigative | ||
| costs, witness fees, and deposition costs. | ||
| (i) Governmental immunity to suit and from liability is | ||
| waived and abolished to the extent of liability created by this | ||
| chapter. A political subdivision may not sue a person for an action | ||
| taken in accordance with this chapter. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
