Texas 2023 - 88th Regular

Texas Senate Bill SB2092 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10571 MCF-D
2	2	By: West S.B. No. 2092
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a municipality or county to regulate
8	8	the locations in which a person may carry a firearm.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 229.001, Local Government Code, is
11	11	amended by amending Subsection (b) and adding Subsection (d-2) to
12	12	read as follows:
13	13	(b) Subsection (a) does not affect the authority a
14	14	municipality has under another law to:
15	15	(1) require residents or public employees to be armed
16	16	for personal or national defense, law enforcement, or another
17	17	lawful purpose;
18	18	(2) regulate the discharge of firearms or air guns
19	19	within the limits of the municipality, other than at a sport
20	20	shooting range;
21	21	(3) except as provided by Subsection (b-1), adopt or
22	22	enforce a generally applicable zoning ordinance, land use
23	23	regulation, fire code, or business ordinance;
24	24	(4) regulate the storage or transportation of
25	25	explosives to protect public health and safety, except that 25
26	26	pounds or less of black powder for each private residence and 50
27	27	pounds or less of black powder for each retail dealer are not
28	28	subject to regulation;
29	29	(5) regulate the carrying of an air gun or firearm,
30	30	other than a handgun carried by a person not otherwise prohibited by
31	31	law from carrying a handgun, at a:
32	32	(A) public park;
33	33	(B) public meeting of a municipality, county, or
34	34	other governmental body;
35	35	(C) political rally, parade, or official
36	36	political meeting; or
37	37	(D) nonfirearms-related school, college, or
38	38	professional athletic event;
39	39	(6) regulate the carrying of a firearm by a person
40	40	licensed to carry a handgun under Subchapter H, Chapter 411,
41	41	Government Code, in accordance with Section 411.209, Government
42	42	Code;
43	43	(7) regulate the hours of operation of a sport
44	44	shooting range, except that the hours of operation may not be more
45	45	limited than the least limited hours of operation of any other
46	46	business in the municipality other than a business permitted or
47	47	licensed to sell or serve alcoholic beverages for on-premises
48	48	consumption;
49	49	(8) regulate the carrying of an air gun by a minor on:
50	50	(A) public property; or
51	51	(B) private property without consent of the
52	52	property owner; [or]
53	53	(9) except as provided by Subsection (d-1), regulate
54	54	or prohibit an employee's carrying or possession of a firearm,
55	55	firearm accessory, or ammunition in the course of the employee's
56	56	official duties; or
57	57	(10) except as provided by Subsection (d-2), regulate
58	58	or prohibit the carrying of a firearm on the premises of a location
59	59	where activities for children are regularly conducted, including a
60	60	museum or a child-care or recreational facility.
61	61	(d-2) Subsection (b)(10) does not authorize a municipality
62	62	to regulate or prohibit the carrying of a firearm by a person
63	63	described by Section 46.15(a)(1) or (b)(1), Penal Code, or by a
64	64	person who is otherwise authorized to carry a firearm under a
65	65	license or commission issued under Chapter 1702, Occupations Code.
66	66	SECTION 2. Section 236.002, Local Government Code, is
67	67	amended by amending Subsection (c) and adding Subsection (e-1) to
68	68	read as follows:
69	69	(c) Subsection (a) does not affect the authority of a county
70	70	to:
71	71	(1) require a resident or public employee to be armed
72	72	for personal or national defense, law enforcement, or other purpose
73	73	under other law;
74	74	(2) regulate the discharge of firearms or air guns in
75	75	accordance with Section 235.022;
76	76	(3) regulate the carrying of a firearm by a person
77	77	licensed to carry a handgun under Subchapter H, Chapter 411,
78	78	Government Code, in accordance with Section 411.209, Government
79	79	Code;
80	80	(4) except as provided by Subsection (d), adopt or
81	81	enforce a generally applicable land use regulation, fire code, or
82	82	business regulation; [or]
83	83	(5) except as provided by Subsection (e), regulate or
84	84	prohibit an employee's carrying or possession of a firearm, firearm
85	85	accessory, or ammunition in the course of the employee's official
86	86	duties; or
87	87	(6) except as provided by Subsection (e-1), regulate
88	88	or prohibit the carrying of a firearm on the premises of a location
89	89	where activities for children are regularly conducted, including a
90	90	museum or a child-care or recreational facility.
91	91	(e-1) Subsection (c)(6) does not authorize a county to
92	92	regulate or prohibit the carrying of a firearm by a person described
93	93	by Section 46.15(a)(1) or (b)(1), Penal Code, or by a person who is
94	94	otherwise authorized to carry a firearm under a license or
95	95	commission issued under Chapter 1702, Occupations Code.
96	96	SECTION 3. This Act takes effect September 1, 2023.