83R3152 NC-F
By: Stickland, et al. H.B. No. 1299
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of electric stun guns, knives, and
personal defense sprays.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 229, Local
Government Code, is amended to read as follows:
SUBCHAPTER A. REGULATION OF WEAPONS [FIREARMS] AND EXPLOSIVES
SECTION 2. Subchapter A, Chapter 229, Local Government
Code, is amended by adding Section 229.005 to read as follows:
Sec. 229.005. ELECTRIC STUN GUNS; KNIVES; PERSONAL DEFENSE
SPRAYS. (a) In this section:
(1) "Electric stun gun" means a device that is:
(A) sold commercially for personal protection;
and
(B) designed, made, or adapted for the purpose of
emitting an electrical charge or current intended to temporarily
disable a person.
(2) "Knife" has the meaning assigned by Section 46.01,
Penal Code.
(3) "Personal defense spray" means a small chemical
dispenser that is:
(A) sold commercially for personal protection;
and
(B) designed, made, or adapted for the purpose of
dispensing a substance capable of causing an adverse psychological
or physiological effect on a human being.
(b) Notwithstanding any other law, a municipality may not
adopt or enforce an ordinance or other regulation relating to the
private ownership, keeping, carrying, transportation, licensing,
or registration of an electric stun gun, a knife, or a personal
defense spray.
(c) Subsection (b) does not affect the authority of a
municipality to:
(1) enforce Sections 46.02, 46.03, and 46.05, Penal
Code; or
(2) adopt or enforce an ordinance or other regulation
prohibiting a person, for purposes of entering a restricted area,
from carrying an electric stun gun, a knife, or a personal defense
spray past a metal detector or magnetometer used to screen for
weapons.
SECTION 3. This Act takes effect September 1, 2013.