86R11508 NC-F
By: Fallon S.B. No. 1927
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of firearms, air guns, knives,
ammunition, or firearm or air gun supplies or accessories by a
county or municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.001, Local Government Code, is
amended by amending Subsections (a), (b), (d), and (e) and adding
Subsections (a-1), (b-1), (d-1), and (h) 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, possession, carrying, [private]
ownership, storage [keeping], transportation, licensing, or
registration of firearms, air guns, knives, ammunition, or firearm
or air gun supplies or accessories; [or]
(2) commerce in firearms, air guns, knives,
ammunition, or firearm or air gun supplies or accessories; or
(3) the discharge of a firearm or air gun at a sport
shooting range.
(a-1) An ordinance, resolution, rule, or policy adopted or
enforced by a municipality, or an official action, including in any
legislative, police power, or proprietary capacity, taken by an
employee or agent of a municipality in violation of this section is
void.
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) except as provided by Subsection (b-1), adopt or
enforce a generally applicable zoning ordinance, land use
regulation, fire code, or business ordinance [regulate the use of
property, the location of a business, or uses at a business under
the municipality's fire code, zoning ordinance, or land-use
regulations as long as the code, ordinance, or regulations are not
used to circumvent the intent of Subsection (a) or Subdivision (5)
of this subsection];
(4) regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of a firearm or air gun by a
person other than a person licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event;
(7) regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, in accordance with Section 411.209, Government
Code;
(8) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption; [or]
(9) [(8)] regulate the carrying of an air gun by a
minor on:
(A) public property; or
(B) private property without consent of the
property owner; or
(10) except as provided by Subsection (d-1), regulate
or prohibit an employee's carrying or possession of a firearm,
firearm accessory, or ammunition in the course of the employee's
official duties.
(b-1) The exception provided by Subsection (b)(3) does not
apply if the ordinance or regulation is designed or enforced to
effectively restrict or prohibit the manufacture, sale, purchase,
transfer, or display of firearms, firearm accessories, or
ammunition that is otherwise lawful in this state.
(d) The exception provided by Subsection (b)(4) does not
authorize the seizure or confiscation of any firearm, air gun,
knife, [or] ammunition, or firearm or air gun supplies or
accessories from an individual who is lawfully carrying or
possessing the firearm, air gun, knife, [or] ammunition, or firearm
or air gun supplies or accessories.
(d-1) The exception provided by Subsection (b)(10) does not
authorize a municipality to regulate an employee's carrying or
possession of a firearm in violation of Subchapter G, Chapter 52,
Labor Code.
(e) In this section:
(1) "Air gun" means any gun that discharges a pellet,
BB, or paintball by means of compressed air, gas propellant, or a
spring.
(2) "Ammunition" means fixed cartridge ammunition,
shotgun shells, individual components of fixed cartridge
ammunition and shotgun shells, projectiles for muzzle-loading
firearms, or any propellant used in firearms or ammunition.
(3) "Firearm or air gun accessory" means a device
specifically designed or adapted to:
(A) enable the wearing or carrying by a person,
or the storage or mounting in or on a conveyance, of a firearm or air
gun; or
(B) be inserted into or affixed to a firearm or
air gun to enable, alter, or improve the functioning or
capabilities of the firearm.
(4) "Knife" has the meaning assigned by Section 46.01,
Penal Code.
(5) [(3)] "Sport shooting range" has the meaning
assigned by Section 250.001.
(h) A person adversely affected by a violation of this
section may file suit against the municipality in an appropriate
court. The court shall award to a plaintiff who prevails:
(1) actual damages;
(2) equitable relief as determined by the court to be
necessary, including declarative or injunctive relief; and
(3) reasonable expenses, including attorney's fees,
court costs, and expert witness fees.
SECTION 2. Section 236.001(1), Local Government Code, is
amended to read as follows:
(1) "Air gun," "ammunition," and "firearm or air gun
accessory" have the meanings [gun" has the meaning] assigned by
Section 229.001.
SECTION 3. Section 236.002, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), (a-3), and (a-4) to read as follows:
(a) Notwithstanding any other law, including Chapter 251,
Agriculture Code, a county may not adopt or enforce regulations
relating to:
(1) the transfer, possession, carrying, [private]
ownership, storage [keeping], transportation, licensing, or
registration of firearms, air guns, knives, ammunition, or firearm
or air gun supplies or accessories; [or]
(2) commerce in firearms, air guns, knives,
ammunition, or firearm or air gun supplies or accessories; or
(3) the discharge of a firearm or air gun at a sport
shooting range.
(a-1) An ordinance, rule, resolution, or policy adopted or
enforced by a county, or an official action, including in any
legislative, police power, or proprietary capacity, taken by an
employee or agent of a county in violation of this section is void.
(a-2) Subsection (a) does not affect the authority of a
county to:
(1) require a resident or public employee to be armed
for personal or national defense, law enforcement, or other purpose
under other law;
(2) regulate the discharge of firearms or air guns in
accordance with Section 235.022;
(3) regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, in accordance with Section 411.209, Government
Code;
(4) except as provided by Subsection (a-3), adopt or
enforce a generally applicable land use regulation, fire code, or
business regulation; or
(5) except as provided by Subsection (a-4), regulate
or prohibit an employee's carrying or possession of a firearm,
firearm accessory, or ammunition in the course of the employee's
official duties.
(a-3) A county order or regulation designed or enforced to
effectively restrict or prohibit the manufacture, sale, purchase,
transfer, or display of firearms, firearm accessories, or
ammunition that is otherwise lawful in this state is void.
(a-4) Subsection (a-2)(5) does not authorize a county to
regulate an employee's carrying or possession of a firearm in
violation of Subchapter G, Chapter 52, Labor Code.
SECTION 4. Chapter 236, Local Government Code, is amended
by adding Section 236.004 to read as follows:
Sec. 236.004. CIVIL REMEDY. (a) A person adversely
affected by a violation of this chapter may file suit against the
county in an appropriate court.
(b) The court shall award to a plaintiff who prevails:
(1) actual damages;
(2) equitable relief as determined by the court to be
necessary, including declarative or injunctive relief; and
(3) reasonable expenses, including attorney's fees,
court costs, and expert witness fees.
SECTION 5. This Act takes effect September 1, 2019.