Texas 2013 - 83rd Regular

Texas Senate Bill SB1400 Compare Versions

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1	1	By: Estes S.B. No. 1400
2	2	(Geren)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the municipal and county regulation of air guns.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 229.001, Local Government Code, is
10	10	amended to read as follows:
11	11	Sec. 229.001. FIREARMS; AIR GUNS; EXPLOSIVES.
12	12	(a) Notwithstanding any other law, including Section 43.002 of
13	13	this code and Chapter 251, Agriculture Code, a municipality may not
14	14	adopt regulations relating to:
15	15	(1) the transfer, private ownership, keeping,
16	16	transportation, licensing, or registration of firearms, air guns,
17	17	ammunition, or firearm or air gun supplies; or
18	18	(2) the discharge of a firearm or air gun at a sport
19	19	shooting range.
20	20	(b) Subsection (a) does not affect the authority a
21	21	municipality has under another law to:
22	22	(1) require residents or public employees to be armed
23	23	for personal or national defense, law enforcement, or another
24	24	lawful purpose;
25	25	(2) regulate the discharge of firearms or air guns
26	26	within the limits of the municipality, other than at a sport
27	27	shooting range;
28	28	(3) regulate the use of property, the location of a
29	29	business, or uses at a business under the municipality's fire code,
30	30	zoning ordinance, or land-use regulations as long as the code,
31	31	ordinance, or regulations are not used to circumvent the intent of
32	32	Subsection (a) or Subdivision (5) of this subsection;
33	33	(4) regulate the use of firearms or air guns in the
34	34	case of an insurrection, riot, or natural disaster if the
35	35	municipality finds the regulations necessary to protect public
36	36	health and safety;
37	37	(5) regulate the storage or transportation of
38	38	explosives to protect public health and safety, except that 25
39	39	pounds or less of black powder for each private residence and 50
40	40	pounds or less of black powder for each retail dealer are not
41	41	subject to regulation;
42	42	(6) regulate the carrying of a firearm or air gun by a
43	43	person other than a person licensed to carry a concealed handgun
44	44	under Subchapter H, Chapter 411, Government Code, at a:
45	45	(A) public park;
46	46	(B) public meeting of a municipality, county, or
47	47	other governmental body;
48	48	(C) political rally, parade, or official
49	49	political meeting; or
50	50	(D) nonfirearms-related school, college, or
51	51	professional athletic event; [or]
52	52	(7) regulate the hours of operation of a sport
53	53	shooting range, except that the hours of operation may not be more
54	54	limited than the least limited hours of operation of any other
55	55	business in the municipality other than a business permitted or
56	56	licensed to sell or serve alcoholic beverages for on-premises
57	57	consumption; or
58	58	(8) regulate the carrying of an air gun by a minor on:
59	59	(A) public property; or
60	60	(B) private property without consent of the
61	61	property owner.
62	62	(c) The exception provided by Subsection (b)(6) does not
63	63	apply if the firearm or air gun is in or is carried to or from an
64	64	area designated for use in a lawful hunting, fishing, or other
65	65	sporting event and the firearm or air gun is of the type commonly
66	66	used in the activity.
67	67	(d) The exception provided by Subsection (b)(4) does not
68	68	authorize the seizure or confiscation of any firearm, air gun, or
69	69	ammunition from an individual who is lawfully carrying or
70	70	possessing the firearm, air gun, or ammunition.
71	71	(e) In this section:
72	72	(1) "Air gun" means any gun that discharges a pellet,
73	73	BB, or paintball by means of compressed air, gas propellant, or a
74	74	spring.
75	75	(2) "Sport[, "sport] shooting range" has the meaning
76	76	assigned by Section 250.001.
77	77	SECTION 2. Subchapter B, Chapter 235, Local Government
78	78	Code, is amended by adding Section 235.020 to read as follows:
79	79	Sec. 235.020. DEFINITION. In this subchapter, "air gun"
80	80	has the meaning assigned by Section 229.001.
81	81	SECTION 3. Section 235.022, Local Government Code, is
82	82	amended to read as follows:
83	83	Sec. 235.022. AUTHORITY TO REGULATE. To promote the public
84	84	safety, the commissioners court of a county by order may prohibit or
85	85	otherwise regulate the discharge of firearms and air guns on lots
86	86	that are 10 acres or smaller and are located in the unincorporated
87	87	area of the county in a subdivision.
88	88	SECTION 4. Section 235.023, Local Government Code, is
89	89	amended to read as follows:
90	90	Sec. 235.023. PROHIBITED REGULATIONS. This subchapter does
91	91	not authorize the commissioners court to regulate the transfer,
92	92	ownership, possession, or transportation of firearms or air guns
93	93	and does not authorize the court to require the registration of
94	94	firearms or air guns.
95	95	SECTION 5. Section 236.001, Local Government Code, is
96	96	amended to read as follows:
97	97	Sec. 236.001. DEFINITIONS [DEFINITION]. In this chapter:
98	98	(1) "Air gun" has the meaning assigned by Section
99	99	229.001.
100	100	(2) "Sport[, "sport] shooting range" has the meaning
101	101	assigned by Section 250.001.
102	102	SECTION 6. Section 236.002, Local Government Code, is
103	103	amended to read as follows:
104	104	Sec. 236.002. FIREARMS; AIR GUNS; SPORT SHOOTING RANGE.
105	105	Notwithstanding any other law, including Chapter 251, Agriculture
106	106	Code, a county may not adopt regulations relating to:
107	107	(1) the transfer, private ownership, keeping,
108	108	transportation, licensing, or registration of firearms, air guns,
109	109	ammunition, or firearm or air gun supplies; or
110	110	(2) the discharge of a firearm or air gun at a sport
111	111	shooting range.
112	112	SECTION 7. Section 236.003, Local Government Code, is
113	113	amended to read as follows:
114	114	Sec. 236.003. REGULATION OF OUTDOOR SPORT SHOOTING RANGE.
115	115	Notwithstanding Section 236.002, a county may regulate the
116	116	discharge of a firearm or air gun at an outdoor sport shooting range
117	117	as provided by Subchapter B, Chapter 235.
118	118	SECTION 8. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2013.