Bill Text: TX HB3231 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the regulation of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories by a county or municipality.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3231 Detail]
Download: Texas-2019-HB3231-Enrolled.html
H.B. No. 3231 |
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relating to the regulation of firearms, air guns, knives, | ||
ammunition, or firearm or air gun supplies or accessories by a | ||
county or municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 229.001, Local Government Code, is | ||
amended by amending Subsections (a), (b), (d), (e), and (f) and | ||
adding Subsections (a-1), (b-1), (d-1), and (g) 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, | ||
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or registration of firearms, air guns, knives, ammunition, or | ||
firearm or air gun supplies or accessories; [ |
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(2) commerce in firearms, air guns, knives, | ||
ammunition, or firearm or air gun supplies or accessories; or | ||
(3) the discharge of a firearm or air gun at a sport | ||
shooting range. | ||
(a-1) An ordinance, resolution, rule, or policy adopted or | ||
enforced by a municipality, or an official action, including in any | ||
legislative, police power, or proprietary capacity, taken by an | ||
employee or agent of a municipality in violation of this section is | ||
void. | ||
(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 [ |
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(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 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; | ||
(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; [ |
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(9) [ |
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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. | ||
(b-1) The exception provided by Subsection (b)(3) does not | ||
apply if the ordinance or regulation is designed or enforced to | ||
effectively restrict or prohibit the manufacture, sale, purchase, | ||
transfer, or display of firearms, firearm accessories, or | ||
ammunition that is otherwise lawful in this state. | ||
(d) The exception provided by Subsection (b)(4) does not | ||
authorize the seizure or confiscation of any firearm, air gun, | ||
knife, [ |
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accessories from an individual who is lawfully carrying or | ||
possessing the firearm, air gun, knife, [ |
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or air gun supplies or accessories. | ||
(d-1) The exception provided by Subsection (b)(10) does not | ||
authorize a municipality to regulate an employee's carrying or | ||
possession of a firearm in violation of Subchapter G, Chapter 52, | ||
Labor Code. | ||
(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) "Ammunition" means fixed cartridge ammunition, | ||
shotgun shells, individual components of fixed cartridge | ||
ammunition and shotgun shells, projectiles for muzzle-loading | ||
firearms, or any propellant used in firearms or ammunition. | ||
(3) "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 a firearm or air | ||
gun; or | ||
(B) be inserted into or affixed to a firearm or | ||
air gun to enable, alter, or improve the functioning or | ||
capabilities of the firearm. | ||
(4) "Knife" has the meaning assigned by Section 46.01, | ||
Penal Code. | ||
(5) [ |
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assigned by Section 250.001. | ||
(f) The attorney general may bring an action in the name of | ||
the state to obtain a temporary or permanent injunction against a | ||
municipality adopting a regulation in violation of this section. | ||
The attorney general may recover reasonable expenses incurred in | ||
obtaining an injunction under this subsection, including court | ||
costs, reasonable attorney's fees, investigative costs, witness | ||
fees, and deposition costs. | ||
(g) This section does not limit the enforceability of any | ||
state or federal law. | ||
SECTION 2. Section 236.001(1), Local Government Code, is | ||
amended to read as follows: | ||
(1) "Air gun," "ammunition," and "firearm or air gun | ||
accessory" have the meanings [ |
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Section 229.001. | ||
SECTION 3. Section 236.002, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 236.002. FIREARMS; AIR GUNS; SPORT SHOOTING RANGE. | ||
(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, | ||
[ |
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or registration of firearms, air guns, knives, ammunition, or | ||
firearm or air gun supplies or accessories; [ |
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(2) commerce in firearms, air guns, knives, | ||
ammunition, or firearm or air gun supplies or accessories; or | ||
(3) the discharge of a firearm or air gun at a sport | ||
shooting range. | ||
(b) An ordinance, rule, resolution, or policy adopted or | ||
enforced by a county, or an official action, including in any | ||
legislative, police power, or proprietary capacity, taken by an | ||
employee or agent of a county in violation of this section is void. | ||
(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. | ||
(d) A county order or regulation designed or enforced to | ||
effectively restrict or prohibit the manufacture, sale, purchase, | ||
transfer, or display of firearms, firearm accessories, or | ||
ammunition that is otherwise lawful in this state is void. | ||
(e) Subsection (c)(5) does not authorize a county to | ||
regulate an employee's carrying or possession of a firearm in | ||
violation of Subchapter G, Chapter 52, Labor Code. | ||
(f) The attorney general may bring an action in the name of | ||
the state to obtain a temporary or permanent injunction against a | ||
county adopting a regulation, other than a regulation under Section | ||
236.003, in violation of this section. The attorney general may | ||
recover reasonable expenses incurred in obtaining an injunction | ||
under this subsection, including court costs, reasonable | ||
attorney's fees, investigative costs, witness fees, and deposition | ||
costs. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3231 was passed by the House on May 2, | ||
2019, by the following vote: Yeas 101, Nays 40, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3231 on May 24, 2019, by the following vote: Yeas 104, Nays 37, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3231 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 21, Nays | ||
10. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |