By: Estes S.B. No. 1400
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Agriculture, Rural Affairs,
and Homeland Security; April 22, 2013, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; April 22, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1400 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to the municipal and county regulation of air guns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.001, Local Government Code, is
amended to read as follows:
Sec. 229.001. FIREARMS; AIR GUNS; EXPLOSIVES.
(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, private ownership, keeping,
transportation, licensing, or registration of firearms, air guns,
ammunition, or firearm or air gun supplies; or
(2) the discharge of 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) 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 or air guns 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 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) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner.
(c) The exception provided by Subsection (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, or
ammunition from an individual who is lawfully carrying or
possessing the firearm, air gun, or ammunition.
(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) "Sport[, "sport] shooting range" has the meaning
assigned by Section 250.001.
SECTION 2. Subchapter B, Chapter 235, Local Government
Code, is amended by adding Section 235.020 to read as follows:
Sec. 235.020. DEFINITION. In this subchapter, "air gun"
has the meaning assigned by Section 229.001.
SECTION 3. Section 235.022, Local Government Code, is
amended to read as follows:
Sec. 235.022. AUTHORITY TO REGULATE. To promote the public
safety, the commissioners court of a county by order may prohibit or
otherwise regulate the discharge of firearms and air guns on lots
that are 10 acres or smaller and are located in the unincorporated
area of the county in a subdivision.
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. Section 236.001, Local Government Code, is
amended to read as follows:
Sec. 236.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Air gun" has the meaning assigned by Section
229.001.
(2) "Sport[, "sport] shooting range" has the meaning
assigned by Section 250.001.
SECTION 6. Section 236.002, Local Government Code, is
amended to read as follows:
Sec. 236.002. FIREARMS; AIR GUNS; SPORT SHOOTING RANGE.
Notwithstanding any other law, including Chapter 251, Agriculture
Code, a county may not adopt regulations relating to:
(1) the transfer, private ownership, keeping,
transportation, licensing, or registration of firearms, air guns,
ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport
shooting range.
SECTION 7. 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 a firearm or air gun at an outdoor sport shooting range
as provided by Subchapter B, Chapter 235.
SECTION 8. 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.
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