Texas 2019 - 86th Regular

Texas Senate Bill SB1927 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11508 NC-F
2	2	By: Fallon S.B. No. 1927
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of firearms, air guns, knives,
8	8	ammunition, or firearm or air gun supplies or accessories by a
9	9	county or municipality.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 229.001, Local Government Code, is
12	12	amended by amending Subsections (a), (b), (d), and (e) and adding
13	13	Subsections (a-1), (b-1), (d-1), and (h) to read as follows:
14	14	(a) Notwithstanding any other law, including Section 43.002
15	15	of this code and Chapter 251, Agriculture Code, a municipality may
16	16	not adopt regulations relating to:
17	17	(1) the transfer, possession, carrying, [private]
18	18	ownership, storage [keeping], transportation, licensing, or
19	19	registration of firearms, air guns, knives, ammunition, or firearm
20	20	or air gun supplies or accessories; [or]
21	21	(2) commerce in firearms, air guns, knives,
22	22	ammunition, or firearm or air gun supplies or accessories; or
23	23	(3) the discharge of a firearm or air gun at a sport
24	24	shooting range.
25	25	(a-1) An ordinance, resolution, rule, or policy adopted or
26	26	enforced by a municipality, or an official action, including in any
27	27	legislative, police power, or proprietary capacity, taken by an
28	28	employee or agent of a municipality in violation of this section is
29	29	void.
30	30	(b) Subsection (a) does not affect the authority a
31	31	municipality has under another law to:
32	32	(1) require residents or public employees to be armed
33	33	for personal or national defense, law enforcement, or another
34	34	lawful purpose;
35	35	(2) regulate the discharge of firearms or air guns
36	36	within the limits of the municipality, other than at a sport
37	37	shooting range;
38	38	(3) except as provided by Subsection (b-1), adopt or
39	39	enforce a generally applicable zoning ordinance, land use
40	40	regulation, fire code, or business ordinance [regulate the use of
41	41	property, the location of a business, or uses at a business under
42	42	the municipality's fire code, zoning ordinance, or land-use
43	43	regulations as long as the code, ordinance, or regulations are not
44	44	used to circumvent the intent of Subsection (a) or Subdivision (5)
45	45	of this subsection];
46	46	(4) regulate the use of firearms, air guns, or knives
47	47	in the case of an insurrection, riot, or natural disaster if the
48	48	municipality finds the regulations necessary to protect public
49	49	health and safety;
50	50	(5) regulate the storage or transportation of
51	51	explosives to protect public health and safety, except that 25
52	52	pounds or less of black powder for each private residence and 50
53	53	pounds or less of black powder for each retail dealer are not
54	54	subject to regulation;
55	55	(6) regulate the carrying of a firearm or air gun by a
56	56	person other than a person licensed to carry a handgun under
57	57	Subchapter H, Chapter 411, Government Code, at a:
58	58	(A) public park;
59	59	(B) public meeting of a municipality, county, or
60	60	other governmental body;
61	61	(C) political rally, parade, or official
62	62	political meeting; or
63	63	(D) nonfirearms-related school, college, or
64	64	professional athletic event;
65	65	(7) regulate the carrying of a firearm by a person
66	66	licensed to carry a handgun under Subchapter H, Chapter 411,
67	67	Government Code, in accordance with Section 411.209, Government
68	68	Code;
69	69	(8) regulate the hours of operation of a sport
70	70	shooting range, except that the hours of operation may not be more
71	71	limited than the least limited hours of operation of any other
72	72	business in the municipality other than a business permitted or
73	73	licensed to sell or serve alcoholic beverages for on-premises
74	74	consumption; [or]
75	75	(9) [(8)] regulate the carrying of an air gun by a
76	76	minor on:
77	77	(A) public property; or
78	78	(B) private property without consent of the
79	79	property owner; or
80	80	(10) except as provided by Subsection (d-1), regulate
81	81	or prohibit an employee's carrying or possession of a firearm,
82	82	firearm accessory, or ammunition in the course of the employee's
83	83	official duties.
84	84	(b-1) The exception provided by Subsection (b)(3) does not
85	85	apply if the ordinance or regulation is designed or enforced to
86	86	effectively restrict or prohibit the manufacture, sale, purchase,
87	87	transfer, or display of firearms, firearm accessories, or
88	88	ammunition that is otherwise lawful in this state.
89	89	(d) The exception provided by Subsection (b)(4) does not
90	90	authorize the seizure or confiscation of any firearm, air gun,
91	91	knife, [or] ammunition, or firearm or air gun supplies or
92	92	accessories from an individual who is lawfully carrying or
93	93	possessing the firearm, air gun, knife, [or] ammunition, or firearm
94	94	or air gun supplies or accessories.
95	95	(d-1) The exception provided by Subsection (b)(10) does not
96	96	authorize a municipality to regulate an employee's carrying or
97	97	possession of a firearm in violation of Subchapter G, Chapter 52,
98	98	Labor Code.
99	99	(e) In this section:
100	100	(1) "Air gun" means any gun that discharges a pellet,
101	101	BB, or paintball by means of compressed air, gas propellant, or a
102	102	spring.
103	103	(2) "Ammunition" means fixed cartridge ammunition,
104	104	shotgun shells, individual components of fixed cartridge
105	105	ammunition and shotgun shells, projectiles for muzzle-loading
106	106	firearms, or any propellant used in firearms or ammunition.
107	107	(3) "Firearm or air gun accessory" means a device
108	108	specifically designed or adapted to:
109	109	(A) enable the wearing or carrying by a person,
110	110	or the storage or mounting in or on a conveyance, of a firearm or air
111	111	gun; or
112	112	(B) be inserted into or affixed to a firearm or
113	113	air gun to enable, alter, or improve the functioning or
114	114	capabilities of the firearm.
115	115	(4) "Knife" has the meaning assigned by Section 46.01,
116	116	Penal Code.
117	117	(5) [(3)] "Sport shooting range" has the meaning
118	118	assigned by Section 250.001.
119	119	(h) A person adversely affected by a violation of this
120	120	section may file suit against the municipality in an appropriate
121	121	court. The court shall award to a plaintiff who prevails:
122	122	(1) actual damages;
123	123	(2) equitable relief as determined by the court to be
124	124	necessary, including declarative or injunctive relief; and
125	125	(3) reasonable expenses, including attorney's fees,
126	126	court costs, and expert witness fees.
127	127	SECTION 2. Section 236.001(1), Local Government Code, is
128	128	amended to read as follows:
129	129	(1) "Air gun," "ammunition," and "firearm or air gun
130	130	accessory" have the meanings [gun" has the meaning] assigned by
131	131	Section 229.001.
132	132	SECTION 3. Section 236.002, Local Government Code, is
133	133	amended by amending Subsection (a) and adding Subsections (a-1),
134	134	(a-2), (a-3), and (a-4) to read as follows:
135	135	(a) Notwithstanding any other law, including Chapter 251,
136	136	Agriculture Code, a county may not adopt or enforce regulations
137	137	relating to:
138	138	(1) the transfer, possession, carrying, [private]
139	139	ownership, storage [keeping], transportation, licensing, or
140	140	registration of firearms, air guns, knives, ammunition, or firearm
141	141	or air gun supplies or accessories; [or]
142	142	(2) commerce in firearms, air guns, knives,
143	143	ammunition, or firearm or air gun supplies or accessories; or
144	144	(3) the discharge of a firearm or air gun at a sport
145	145	shooting range.
146	146	(a-1) An ordinance, rule, resolution, or policy adopted or
147	147	enforced by a county, or an official action, including in any
148	148	legislative, police power, or proprietary capacity, taken by an
149	149	employee or agent of a county in violation of this section is void.
150	150	(a-2) Subsection (a) does not affect the authority of a
151	151	county to:
152	152	(1) require a resident or public employee to be armed
153	153	for personal or national defense, law enforcement, or other purpose
154	154	under other law;
155	155	(2) regulate the discharge of firearms or air guns in
156	156	accordance with Section 235.022;
157	157	(3) regulate the carrying of a firearm by a person
158	158	licensed to carry a handgun under Subchapter H, Chapter 411,
159	159	Government Code, in accordance with Section 411.209, Government
160	160	Code;
161	161	(4) except as provided by Subsection (a-3), adopt or
162	162	enforce a generally applicable land use regulation, fire code, or
163	163	business regulation; or
164	164	(5) except as provided by Subsection (a-4), regulate
165	165	or prohibit an employee's carrying or possession of a firearm,
166	166	firearm accessory, or ammunition in the course of the employee's
167	167	official duties.
168	168	(a-3) A county order or regulation designed or enforced to
169	169	effectively restrict or prohibit the manufacture, sale, purchase,
170	170	transfer, or display of firearms, firearm accessories, or
171	171	ammunition that is otherwise lawful in this state is void.
172	172	(a-4) Subsection (a-2)(5) does not authorize a county to
173	173	regulate an employee's carrying or possession of a firearm in
174	174	violation of Subchapter G, Chapter 52, Labor Code.
175	175	SECTION 4. Chapter 236, Local Government Code, is amended
176	176	by adding Section 236.004 to read as follows:
177	177	Sec. 236.004. CIVIL REMEDY. (a) A person adversely
178	178	affected by a violation of this chapter may file suit against the
179	179	county in an appropriate court.
180	180	(b) The court shall award to a plaintiff who prevails:
181	181	(1) actual damages;
182	182	(2) equitable relief as determined by the court to be
183	183	necessary, including declarative or injunctive relief; and
184	184	(3) reasonable expenses, including attorney's fees,
185	185	court costs, and expert witness fees.
186	186	SECTION 5. This Act takes effect September 1, 2019.