| 1 | 1 | | 84R13917 NC-F |
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| 2 | 2 | | By: Isaac H.B. No. 3866 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a municipality to impose certain |
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| 8 | 8 | | requirements for gun show promoters who lease municipal facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 229, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 229.005 to read as follows: |
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| 12 | 12 | | Sec. 229.005. CERTAIN REQUIREMENTS FOR GUN SHOW PROMOTERS |
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| 13 | 13 | | PROHIBITED IN MUNICIPAL LEASE AGREEMENTS. (a) In this section: |
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| 14 | 14 | | (1) "Firearm" has the meaning assigned by Section |
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| 15 | 15 | | 46.01, Penal Code. |
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| 16 | 16 | | (2) "Gun show" means a temporary event held at a public |
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| 17 | 17 | | facility at which three or more individuals assemble to display and |
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| 18 | 18 | | sell firearms or firearm components to the public. |
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| 19 | 19 | | (3) "Gun show promoter" means a person who organizes, |
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| 20 | 20 | | plans, promotes, or operates a gun show. |
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| 21 | 21 | | (b) Notwithstanding any other law, a municipality that |
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| 22 | 22 | | leases a public facility to persons for short-term use for shows, |
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| 23 | 23 | | exhibits, or similar purposes may not: |
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| 24 | 24 | | (1) refuse to lease the facility to a gun show promoter |
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| 25 | 25 | | for the purpose of conducting a gun show; |
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| 26 | 26 | | (2) charge a fee to a gun show promoter that is more |
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| 27 | 27 | | than the lowest fee charged to a person to lease the facility for a |
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| 28 | 28 | | purpose other than a gun show; |
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| 29 | 29 | | (3) charge any additional fees, service charges, or |
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| 30 | 30 | | taxes to a gun show promoter that the municipality does not charge |
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| 31 | 31 | | to a person that leases the facility for a purpose other than a gun |
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| 32 | 32 | | show; or |
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| 33 | 33 | | (4) impose any terms, conditions, or requirements on a |
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| 34 | 34 | | gun show promoter that are not imposed on a person that leases the |
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| 35 | 35 | | facility for a purpose other than a gun show. |
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| 36 | 36 | | (c) Notwithstanding any other law, if a municipality leases |
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| 37 | 37 | | a public facility to a gun show promoter for a gun show, the |
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| 38 | 38 | | municipality may not include or enforce a provision in the lease |
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| 39 | 39 | | agreement with the gun show promoter that imposes a condition or |
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| 40 | 40 | | restriction on the transfer or sale of a firearm at the gun show |
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| 41 | 41 | | that is not required by federal or state law. |
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| 42 | 42 | | SECTION 2. Section 229.005(c), Local Government Code, as |
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| 43 | 43 | | added by this Act, applies only to a lease agreement entered into on |
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| 44 | 44 | | or after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2015. |
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