By: Isaac, et al. (Senate Sponsor - Springer) H.B. No. 3137
(In the Senate - Received from the House May 8, 2023;
May 11, 2023, read first time and referred to Committee on State
Affairs; May 19, 2023, reported favorably by the following vote:
Yeas 7, Nays 2; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to prohibited local regulation with respect to a firearm
or air gun.
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 or enforce regulations that:
(1) relate [relating] to:
(A) [(1)] the transfer, possession, wearing,
carrying, ownership, storage, transportation, licensing, or
registration of firearms, air guns, knives, ammunition, or firearm
or air gun supplies or accessories;
(B) [(2)] commerce in firearms, air guns,
knives, ammunition, or firearm or air gun supplies or accessories;
or
(C) [(3)] the discharge of a firearm or air gun
at a sport shooting range; or
(2) require an owner of a firearm to obtain liability
insurance coverage for damages resulting from negligent or wilful
acts involving the use of the firearm.
SECTION 2. Section 235.023, Local Government Code, is
amended to read as follows:
Sec. 235.023. PROHIBITED REGULATIONS. This subchapter
does not authorize the commissioners court to:
(1) regulate the transfer, ownership, possession,
[or] transportation, licensing, or registration of firearms or air
guns; or
(2) [and does not authorize the court to] require an
owner of a firearm to obtain liability insurance coverage for
damages resulting from negligent or wilful acts involving the use
of the firearm [the registration of firearms or air guns].
SECTION 3. Section 236.002(a), Local Government Code, is
amended to read as follows:
(a) Notwithstanding any other law, including Chapter 251,
Agriculture Code, a county may not adopt or enforce regulations
that:
(1) relate [relating] to:
(A) [(1)] the transfer, possession, wearing,
carrying, ownership, storage, transportation, licensing, or
registration of firearms, air guns, knives, ammunition, or firearm
or air gun supplies or accessories;
(B) [(2)] commerce in firearms, air guns,
knives, ammunition, or firearm or air gun supplies or accessories;
or
(C) [(3)] the discharge of a firearm or air gun
at a sport shooting range; or
(2) require an owner of a firearm to obtain liability
insurance coverage for damages resulting from negligent or wilful
acts involving the use of the firearm.
SECTION 4. The changes in law made by this Act apply to an
ordinance, order, or regulation that is adopted or enforced before,
on, or after the effective date of this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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