83R4713 ATP-D
By: Burnam H.B. No. 1030
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to prohibit
the sale of firearms on public property in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.001(b), Local Government Code, is
amended to read as follows:
(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 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 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 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; [or]
(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) prohibit the sale of firearms on property owned or
controlled by the municipality, other than the sale of firearms at a
permanent retail store.
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Section 250.007 to read as follows:
Sec. 250.007. SALE OF FIREARMS ON PUBLIC PROPERTY. A
county, municipality, or other political subdivision of this state
may prohibit the sale of firearms on property owned or controlled by
that political subdivision, other than the sale of firearms at a
permanent retail store.
SECTION 3. 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.