84R3188 NC-F
By: White of Tyler H.B. No. 4061
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of firearms, air guns, ammunition, and
firearm and air gun supplies; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.001(a), Local Government Code, is
amended to read as follows:
(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, purchase, sale, taxation,
manufacture, storage, carrying, wearing, 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 2. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. REGULATION OF FIREARMS AND AMMUNITION
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Local regulation" means an ordinance, order, or
regulation of a political subdivision.
(2) "Officer" means a person appointed or elected as
an executive officer of a political subdivision.
(3) "Political subdivision" means a municipality,
county, or special-purpose district, including a school, junior
college, water, hospital, or conservation and reclamation
district.
Sec. 247.002. UNAUTHORIZED LOCAL REGULATION OF FIREARMS AND
AMMUNITION. (a) Notwithstanding any other law, a political
subdivision or an officer of a political subdivision may not adopt
or enforce a local regulation relating to a firearm or ammunition
unless authorized by this code or other state law.
(b) A local regulation relating to a firearm or ammunition
that is not authorized by this code or other state law is invalid.
(c) It is not a defense to a suit brought under this chapter
alleging that a political subdivision adopted a local regulation in
violation of Subsection (a) that the political subdivision was
acting in good faith or on the advice of counsel.
Sec. 247.003. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION
TO SUE. (a) Governmental immunity to suit and liability is waived
and abolished to the extent of liability for the relief allowed
under this chapter for a violation of Section 247.002(a).
(b) A person who is adversely affected by a violation of
Section 247.002(a) may file suit against the political subdivision.
Sec. 247.004. VENUE. Venue for a suit brought under this
chapter is in the district court in the county in which the
violation occurred.
Sec. 247.005. REMEDIES. A district court may award a
plaintiff in a civil action brought under Section 247.003:
(1) declaratory relief under Chapter 37, Civil
Practice and Remedies Code;
(2) injunctive relief to prevent the threatened
violation or continued violation;
(3) actual damages of not more than $100,000; and
(4) reasonable attorney's fees, court costs, and other
reasonable expenses required in bringing the action.
Sec. 247.006. CIVIL PENALTY. (a) An officer who knowingly
and wilfully violates Section 247.002(a) is personally liable to
the state for a civil penalty of not more than $5,000.
(b) The attorney general or a district or county attorney of
the county in which the violation is alleged to have occurred may
sue to collect the civil penalty.
(c) The affirmative defense of official immunity is not
available to an officer sued under this section.
SECTION 3. This Act takes effect September 1, 2015.