Texas 2019 - 86th Regular

Texas House Bill HB3231 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3231
	1	+	By: Clardy, et al. (Senate Sponsor - Fallon) H.B. No. 3231
	2	+	(In the Senate - Received from the House May 2, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 20, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 2;
	6	+	May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3231 By: Fallon
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the regulation of firearms, air guns, knives,
6	14		ammunition, or firearm or air gun supplies or accessories by a
7	15		county or municipality.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 229.001, Local Government Code, is
10	18		amended by amending Subsections (a), (b), (d), (e), and (f) and
11		-	adding Subsections (a-1), (b-1), (d-1~~), and (g~~) to read as follows:
	19	+	adding Subsections (a-1), (b-1), and (d-1) to read as follows:
12	20		(a) Notwithstanding any other law, including Section 43.002
13	21		of this code and Chapter 251, Agriculture Code, a municipality may
14	22		not adopt regulations relating to:
15	23		(1) the transfer, possession, wearing, carrying,
16	24		[private] ownership, storage [keeping], transportation, licensing,
17	25		or registration of firearms, air guns, knives, ammunition, or
18	26		firearm or air gun supplies or accessories; [or]
19	27		(2) commerce in firearms, air guns, knives,
20	28		ammunition, or firearm or air gun supplies or accessories; or
21	29		(3) the discharge of a firearm or air gun at a sport
22	30		shooting range.
23	31		(a-1) An ordinance, resolution, rule, or policy adopted or
24	32		enforced by a municipality, or an official action, including in any
25	33		legislative, police power, or proprietary capacity, taken by an
26	34		employee or agent of a municipality in violation of this section is
27	35		void.
28	36		(b) Subsection (a) does not affect the authority a
29	37		municipality has under another law to:
30	38		(1) require residents or public employees to be armed
31	39		for personal or national defense, law enforcement, or another
32	40		lawful purpose;
33	41		(2) regulate the discharge of firearms or air guns
34	42		within the limits of the municipality, other than at a sport
35	43		shooting range;
36	44		(3) except as provided by Subsection (b-1), adopt or
37	45		enforce a generally applicable zoning ordinance, land use
38	46		regulation, fire code, or business ordinance [regulate the use of
39	47		property, the location of a business, or uses at a business under
40	48		the municipality's fire code, zoning ordinance, or land-use
41	49		regulations as long as the code, ordinance, or regulations are not
42	50		used to circumvent the intent of Subsection (a) or Subdivision (5)
43	51		of this subsection];
44	52		(4) regulate the use of firearms, air guns, or knives
45	53		in the case of an insurrection, riot, or natural disaster if the
46	54		municipality finds the regulations necessary to protect public
47	55		health and safety;
48	56		(5) regulate the storage or transportation of
49	57		explosives to protect public health and safety, except that 25
50	58		pounds or less of black powder for each private residence and 50
51	59		pounds or less of black powder for each retail dealer are not
52	60		subject to regulation;
53	61		(6) regulate the carrying of a firearm or air gun by a
54	62		person other than a person licensed to carry a handgun under
55	63		Subchapter H, Chapter 411, Government Code, at a:
56	64		(A) public park;
57	65		(B) public meeting of a municipality, county, or
58	66		other governmental body;
59	67		(C) political rally, parade, or official
60	68		political meeting; or
61	69		(D) nonfirearms-related school, college, or
62	70		professional athletic event;
63	71		(7) regulate the carrying of a firearm by a person
64	72		licensed to carry a handgun under Subchapter H, Chapter 411,
65	73		Government Code, in accordance with Section 411.209, Government
66	74		Code;
67	75		(8) regulate the hours of operation of a sport
68	76		shooting range, except that the hours of operation may not be more
69	77		limited than the least limited hours of operation of any other
70	78		business in the municipality other than a business permitted or
71	79		licensed to sell or serve alcoholic beverages for on-premises
72	80		consumption; [or]
73	81		(9) [(8)] regulate the carrying of an air gun by a
74	82		minor on:
75	83		(A) public property; or
76	84		(B) private property without consent of the
77	85		property owner; or
78	86		(10) except as provided by Subsection (d-1), regulate
79	87		or prohibit an employee's carrying or possession of a firearm,
80	88		firearm accessory, or ammunition in the course of the employee's
81	89		official duties.
82	90		(b-1) The exception provided by Subsection (b)(3) does not
83	91		apply if the ordinance or regulation is designed or enforced to
84	92		effectively restrict or prohibit the manufacture, sale, purchase,
85	93		transfer, or display of firearms, firearm accessories, or
86	94		ammunition that is otherwise lawful in this state.
87	95		(d) The exception provided by Subsection (b)(4) does not
88	96		authorize the seizure or confiscation of any firearm, air gun,
89	97		knife, [or] ammunition, or firearm or air gun supplies or
90	98		accessories from an individual who is lawfully carrying or
91	99		possessing the firearm, air gun, knife, [or] ammunition, or firearm
92	100		or air gun supplies or accessories.
93	101		(d-1) The exception provided by Subsection (b)(10) does not
94	102		authorize a municipality to regulate an employee's carrying or
95	103		possession of a firearm in violation of Subchapter G, Chapter 52,
96	104		Labor Code.
97	105		(e) In this section:
98	106		(1) "Air gun" means any gun that discharges a pellet,
99	107		BB, or paintball by means of compressed air, gas propellant, or a
100	108		spring.
101	109		(2) "Ammunition" means fixed cartridge ammunition,
102	110		shotgun shells, individual components of fixed cartridge
103	111		ammunition and shotgun shells, projectiles for muzzle-loading
104	112		firearms, or any propellant used in firearms or ammunition.
105	113		(3) "Firearm or air gun accessory" means a device
106	114		specifically designed or adapted to:
107	115		(A) enable the wearing or carrying by a person,
108	116		or the storage or mounting in or on a conveyance, of a firearm or air
109	117		gun; or
110	118		(B) be inserted into or affixed to a firearm or
111	119		air gun to enable, alter, or improve the functioning or
112	120		capabilities of the firearm.
113	121		(4) "Knife" has the meaning assigned by Section 46.01,
114	122		Penal Code.
115	123		(5) [(3)] "Sport shooting range" has the meaning
116	124		assigned by Section 250.001.
117	125		(f) The attorney general may bring an action in the name of
118	126		the state to obtain a temporary or permanent injunction against a
119	127		municipality adopting a regulation in violation of this section.
120	128		The attorney general may recover reasonable expenses incurred in
121	129		obtaining an injunction under this subsection, including court
122	130		costs, reasonable attorney's fees, investigative costs, witness
123	131		fees, and deposition costs.
124		-	(g) This section does not limit the enforceability of any
125		-	state or federal law.
126	132		SECTION 2. Section 236.001(1), Local Government Code, is
127	133		amended to read as follows:
128	134		(1) "Air gun," "ammunition," and "firearm or air gun
129	135		accessory" have the meanings [gun" has the meaning] assigned by
130	136		Section 229.001.
131	137		SECTION 3. Section 236.002, Local Government Code, is
132	138		amended to read as follows:
133	139		Sec. 236.002. FIREARMS; AIR GUNS; SPORT SHOOTING RANGE.
134	140		(a) Notwithstanding any other law, including Chapter 251,
135	141		Agriculture Code, a county may not adopt or enforce regulations
136	142		relating to:
137	143		(1) the transfer, possession, wearing, carrying,
138	144		[private] ownership, storage [keeping], transportation, licensing,
139	145		or registration of firearms, air guns, knives, ammunition, or
140	146		firearm or air gun supplies or accessories; [or]
141	147		(2) commerce in firearms, air guns, knives,
142	148		ammunition, or firearm or air gun supplies or accessories; or
143	149		(3) the discharge of a firearm or air gun at a sport
144	150		shooting range.
145	151		(b) An ordinance, rule, resolution, or policy adopted or
146	152		enforced by a county, or an official action, including in any
147	153		legislative, police power, or proprietary capacity, taken by an
148	154		employee or agent of a county in violation of this section is void.
149	155		(c) Subsection (a) does not affect the authority of a county
150	156		to:
151	157		(1) require a resident or public employee to be armed
152	158		for personal or national defense, law enforcement, or other purpose
153	159		under other law;
154	160		(2) regulate the discharge of firearms or air guns in
155	161		accordance with Section 235.022;
156	162		(3) regulate the carrying of a firearm by a person
157	163		licensed to carry a handgun under Subchapter H, Chapter 411,
158	164		Government Code, in accordance with Section 411.209, Government
159	165		Code;
160	166		(4) except as provided by Subsection (d), adopt or
161	167		enforce a generally applicable land use regulation, fire code, or
162	168		business regulation; or
163	169		(5) except as provided by Subsection (e), regulate or
164	170		prohibit an employee's carrying or possession of a firearm, firearm
165	171		accessory, or ammunition in the course of the employee's official
166	172		duties.
167	173		(d) A county order or regulation designed or enforced to
168	174		effectively restrict or prohibit the manufacture, sale, purchase,
169	175		transfer, or display of firearms, firearm accessories, or
170	176		ammunition that is otherwise lawful in this state is void.
171	177		(e) Subsection (c)(5) does not authorize a county to
172	178		regulate an employee's carrying or possession of a firearm in
173	179		violation of Subchapter G, Chapter 52, Labor Code.
174	180		(f) The attorney general may bring an action in the name of
175	181		the state to obtain a temporary or permanent injunction against a
176	182		county adopting a regulation, other than a regulation under Section
177	183		236.003, in violation of this section. The attorney general may
178	184		recover reasonable expenses incurred in obtaining an injunction
179	185		under this subsection, including court costs, reasonable
180	186		attorney's fees, investigative costs, witness fees, and deposition
181	187		costs.
182	188		SECTION 4. This Act takes effect September 1, 2019.
183		-	______________________________ ______________________________
184		-	President of the Senate Speaker of the House
185		-	I certify that H.B. No. 3231 was passed by the House on May 2,
186		-	2019, by the following vote: Yeas 101, Nays 40, 1 present, not
187		-	voting; and that the House concurred in Senate amendments to H.B.
188		-	No. 3231 on May 24, 2019, by the following vote: Yeas 104, Nays 37,
189		-	2 present, not voting.
190		-	______________________________
191		-	Chief Clerk of the House
192		-	I certify that H.B. No. 3231 was passed by the Senate, with
193		-	amendments, on May 22, 2019, by the following vote: Yeas 21, Nays
194		-	10.
195		-	______________________________
196		-	Secretary of the Senate
197		-	APPROVED: __________________
198		-	Date
199		-	__________________
200		-	Governor
	189	+	* * * * *