Texas 2015 - 84th Regular

Texas House Bill HB905 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Frullo, et al. (Senate Sponsor - Schwertner) H.B. No. 905
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 11, 2015, read first time and referred to Committee on Criminal
4		-	Justice; May 21, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 905
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the regulation of knives by a municipality or county.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. The heading to Subchapter A, Chapter 229, Local
14	8		Government Code, is amended to read as follows:
15	9		SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES
16	10		SECTION 2. The heading to Section 229.001, Local Government
17	11		Code, is amended to read as follows:
18	12		Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES.
19	13		SECTION 3. Sections 229.001(a), (b), (d), and (e), Local
20	14		Government Code, are amended to read as follows:
21	15		(a) Notwithstanding any other law, including Section 43.002
22	16		of this code and Chapter 251, Agriculture Code, a municipality may
23	17		not adopt regulations relating to:
24	18		(1) the transfer, private ownership, keeping,
25	19		transportation, licensing, or registration of firearms, air guns,
26	20		knives, ammunition, or firearm or air gun supplies; or
27	21		(2) the discharge of a firearm or air gun at a sport
28	22		shooting range.
29	23		(b) Subsection (a) does not affect the authority a
30	24		municipality has under another law to:
31	25		(1) require residents or public employees to be armed
32	26		for personal or national defense, law enforcement, or another
33	27		lawful purpose;
34	28		(2) regulate the discharge of firearms or air guns
35	29		within the limits of the municipality, other than at a sport
36	30		shooting range;
37	31		(3) regulate the use of property, the location of a
38	32		business, or uses at a business under the municipality's fire code,
39	33		zoning ordinance, or land-use regulations as long as the code,
40	34		ordinance, or regulations are not used to circumvent the intent of
41	35		Subsection (a) or Subdivision (5) of this subsection;
42	36		(4) regulate the use of firearms, [or] air guns, or
43	37		knives in the case of an insurrection, riot, or natural disaster if
44	38		the municipality finds the regulations necessary to protect public
45	39		health and safety;
46	40		(5) regulate the storage or transportation of
47	41		explosives to protect public health and safety, except that 25
48	42		pounds or less of black powder for each private residence and 50
49	43		pounds or less of black powder for each retail dealer are not
50	44		subject to regulation;
51	45		(6) regulate the carrying of a firearm or air gun by a
52	46		person other than a person licensed to carry a concealed handgun
53	47		under Subchapter H, Chapter 411, Government Code, at a:
54	48		(A) public park;
55	49		(B) public meeting of a municipality, county, or
56	50		other governmental body;
57	51		(C) political rally, parade, or official
58	52		political meeting; or
59	53		(D) nonfirearms-related school, college, or
60	54		professional athletic event;
61	55		(7) regulate the hours of operation of a sport
62	56		shooting range, except that the hours of operation may not be more
63	57		limited than the least limited hours of operation of any other
64	58		business in the municipality other than a business permitted or
65	59		licensed to sell or serve alcoholic beverages for on-premises
66	60		consumption; or
67	61		(8) regulate the carrying of an air gun by a minor on:
68	62		(A) public property; or
69	63		(B) private property without consent of the
70	64		property owner.
71	65		(d) The exception provided by Subsection (b)(4) does not
72	66		authorize the seizure or confiscation of any firearm, air gun,
73	67		knife, or ammunition from an individual who is lawfully carrying or
74	68		possessing the firearm, air gun, knife, or ammunition.
75	69		(e) In this section:
76	70		(1) "Air gun" means any gun that discharges a pellet,
77	71		BB, or paintball by means of compressed air, gas propellant, or a
78	72		spring.
79	73		(2) "Knife" has the meaning assigned by Section 46.01,
80	74		Penal Code.
81	75		(3) "Sport shooting range" has the meaning assigned by
82	76		Section 250.001.
83	77		SECTION 4. The heading to Chapter 236, Local Government
84	78		Code, is amended to read as follows:
85	79		CHAPTER 236. COUNTY REGULATION OF FIREARMS, KNIVES, AMMUNITION,
86	80		FIREARM SUPPLIES, AND SPORT SHOOTING RANGES
87	81		SECTION 5. Section 236.001, Local Government Code, is
88	82		amended by adding Subdivision (1-a) to read as follows:
89	83		(1-a) "Knife" has the meaning assigned by Section
90	84		46.01, Penal Code.
91	85		SECTION 6. Section 236.002(a), Local Government Code, is
92	86		amended to read as follows:
93	87		(a) Notwithstanding any other law, including Chapter 251,
94	88		Agriculture Code, a county may not adopt regulations relating to:
95	89		(1) the transfer, private ownership, keeping,
96	90		transportation, licensing, or registration of firearms, air guns,
97	91		knives, ammunition, or firearm or air gun supplies; or
98	92		(2) the discharge of a firearm or air gun at a sport
99	93		shooting range.
100	94		SECTION 7. (a) A municipality or county may not enforce a
101	95		regulation adopted by the municipality or county before the
102	96		effective date of this Act that relates to knives, if the adoption
103	97		of the regulation would be prohibited under Section 229.001 or
104	98		236.002, Local Government Code, as amended by this Act.
105	99		(b) A court in which a proceeding is pending for a violation
106	100		of a regulation described by Subsection (a) of this section shall
107	101		dismiss the proceeding.
108	102		(c) The prohibition of enforcement of a regulation under
109	103		Subsection (a) of this section does not:
110	104		(1) affect a final judgment of a court upholding a
111	105		penalty under a regulation described by Subsection (a); or
112	106		(2) entitle a person who has paid a penalty for a
113	107		violation of the regulation to a refund of the penalty.
114	108		SECTION 8. This Act takes effect September 1, 2015.
115		-	* * * * *
	109	+	______________________________ ______________________________
	110	+	President of the Senate Speaker of the House
	111	+	I certify that H.B. No. 905 was passed by the House on May 5,
	112	+	2015, by the following vote: Yeas 145, Nays 0, 2 present, not
	113	+	voting.
	114	+	______________________________
	115	+	Chief Clerk of the House
	116	+	I certify that H.B. No. 905 was passed by the Senate on May
	117	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	118	+	______________________________
	119	+	Secretary of the Senate
	120	+	APPROVED: _____________________
	121	+	Date
	122	+	_____________________
	123	+	Governor