| 1 | 1 | | H.B. No. 3137 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to prohibited local regulation with respect to a firearm |
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| 6 | 6 | | or air gun. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 229.001(a), Local Government Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (a) Notwithstanding any other law, including Section 43.002 |
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| 11 | 11 | | of this code and Chapter 251, Agriculture Code, a municipality may |
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| 12 | 12 | | not adopt or enforce regulations that: |
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| 13 | 13 | | (1) relate [relating] to: |
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| 14 | 14 | | (A) [(1)] the transfer, possession, wearing, |
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| 15 | 15 | | carrying, ownership, storage, transportation, licensing, or |
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| 16 | 16 | | registration of firearms, air guns, knives, ammunition, or firearm |
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| 17 | 17 | | or air gun supplies or accessories; |
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| 18 | 18 | | (B) [(2)] commerce in firearms, air guns, |
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| 19 | 19 | | knives, ammunition, or firearm or air gun supplies or accessories; |
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| 20 | 20 | | or |
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| 21 | 21 | | (C) [(3)] the discharge of a firearm or air gun |
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| 22 | 22 | | at a sport shooting range; or |
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| 23 | 23 | | (2) require an owner of a firearm to obtain liability |
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| 24 | 24 | | insurance coverage for damages resulting from negligent or wilful |
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| 25 | 25 | | acts involving the use of the firearm. |
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| 26 | 26 | | SECTION 2. Section 235.023, Local Government Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | Sec. 235.023. PROHIBITED REGULATIONS. This subchapter |
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| 29 | 29 | | does not authorize the commissioners court to: |
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| 30 | 30 | | (1) regulate the transfer, ownership, possession, |
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| 31 | 31 | | [or] transportation, licensing, or registration of firearms or air |
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| 32 | 32 | | guns; or |
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| 33 | 33 | | (2) [and does not authorize the court to] require an |
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| 34 | 34 | | owner of a firearm to obtain liability insurance coverage for |
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| 35 | 35 | | damages resulting from negligent or wilful acts involving the use |
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| 36 | 36 | | of the firearm [the registration of firearms or air guns]. |
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| 37 | 37 | | SECTION 3. Section 236.002(a), Local Government Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (a) Notwithstanding any other law, including Chapter 251, |
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| 40 | 40 | | Agriculture Code, a county may not adopt or enforce regulations |
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| 41 | 41 | | that: |
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| 42 | 42 | | (1) relate [relating] to: |
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| 43 | 43 | | (A) [(1)] the transfer, possession, wearing, |
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| 44 | 44 | | carrying, ownership, storage, transportation, licensing, or |
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| 45 | 45 | | registration of firearms, air guns, knives, ammunition, or firearm |
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| 46 | 46 | | or air gun supplies or accessories; |
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| 47 | 47 | | (B) [(2)] commerce in firearms, air guns, |
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| 48 | 48 | | knives, ammunition, or firearm or air gun supplies or accessories; |
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| 49 | 49 | | or |
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| 50 | 50 | | (C) [(3)] the discharge of a firearm or air gun |
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| 51 | 51 | | at a sport shooting range; or |
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| 52 | 52 | | (2) require an owner of a firearm to obtain liability |
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| 53 | 53 | | insurance coverage for damages resulting from negligent or wilful |
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| 54 | 54 | | acts involving the use of the firearm. |
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| 55 | 55 | | SECTION 4. The changes in law made by this Act apply to an |
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| 56 | 56 | | ordinance, order, or regulation that is adopted or enforced before, |
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| 57 | 57 | | on, or after the effective date of this Act. |
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| 58 | 58 | | SECTION 5. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2023. |
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| 63 | 63 | | ______________________________ ______________________________ |
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| 64 | 64 | | President of the Senate Speaker of the House |
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| 65 | 65 | | I certify that H.B. No. 3137 was passed by the House on May 5, |
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| 66 | 66 | | 2023, by the following vote: Yeas 84, Nays 58, 2 present, not |
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| 67 | 67 | | voting. |
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| 68 | 68 | | ______________________________ |
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| 69 | 69 | | Chief Clerk of the House |
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| 70 | 70 | | I certify that H.B. No. 3137 was passed by the Senate on May |
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| 71 | 71 | | 23, 2023, by the following vote: Yeas 19, Nays 12. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Secretary of the Senate |
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| 74 | 74 | | APPROVED: _____________________ |
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| 75 | 75 | | Date |
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| 76 | 76 | | _____________________ |
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| 77 | 77 | | Governor |
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