84R13917 NC-F
By: Isaac H.B. No. 3866
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to impose certain
requirements for gun show promoters who lease municipal facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 229, Local Government
Code, is amended by adding Section 229.005 to read as follows:
Sec. 229.005. CERTAIN REQUIREMENTS FOR GUN SHOW PROMOTERS
PROHIBITED IN MUNICIPAL LEASE AGREEMENTS. (a) In this section:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Gun show" means a temporary event held at a public
facility at which three or more individuals assemble to display and
sell firearms or firearm components to the public.
(3) "Gun show promoter" means a person who organizes,
plans, promotes, or operates a gun show.
(b) Notwithstanding any other law, a municipality that
leases a public facility to persons for short-term use for shows,
exhibits, or similar purposes may not:
(1) refuse to lease the facility to a gun show promoter
for the purpose of conducting a gun show;
(2) charge a fee to a gun show promoter that is more
than the lowest fee charged to a person to lease the facility for a
purpose other than a gun show;
(3) charge any additional fees, service charges, or
taxes to a gun show promoter that the municipality does not charge
to a person that leases the facility for a purpose other than a gun
show; or
(4) impose any terms, conditions, or requirements on a
gun show promoter that are not imposed on a person that leases the
facility for a purpose other than a gun show.
(c) Notwithstanding any other law, if a municipality leases
a public facility to a gun show promoter for a gun show, the
municipality may not include or enforce a provision in the lease
agreement with the gun show promoter that imposes a condition or
restriction on the transfer or sale of a firearm at the gun show
that is not required by federal or state law.
SECTION 2. Section 229.005(c), Local Government Code, as
added by this Act, applies only to a lease agreement entered into on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.