89R2125 MCF-D
By: Gámez H.B. No. 1138
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality or county to regulate or
prohibit the carrying of a firearm on the premises of certain
libraries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.001, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (d-2) to
read as follows:
(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;
(4) 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;
(5) regulate the carrying of an air gun or firearm,
other than a handgun carried by a person not otherwise prohibited by
law from carrying a handgun, 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;
(6) 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;
(7) 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;
(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]
(9) 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; or
(10) except as provided by Subsection (d-2), regulate
or prohibit the carrying of a firearm on the premises of a library
established and operated by the municipality.
(d-2) Subsection (b)(10) does not authorize a municipality
to regulate or prohibit the carrying of a firearm by a person
described by Section 46.15(a)(1) or (b)(1), Penal Code, or by a
person who is otherwise authorized to carry a firearm under a
license or commission issued under Chapter 1702, Occupations Code.
SECTION 2. Section 236.002, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (e-1) to
read as follows:
(c) 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 (d), adopt or
enforce a generally applicable land use regulation, fire code, or
business regulation; [or]
(5) except as provided by Subsection (e), 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; or
(6) except as provided by Subsection (e-1), regulate
or prohibit the carrying of a firearm on the premises of a library
established and operated by the county.
(e-1) Subsection (c)(6) does not authorize a county to
regulate or prohibit the carrying of a firearm by a person described
by Section 46.15(a)(1) or (b)(1), Penal Code, or by a person who is
otherwise authorized to carry a firearm under a license or
commission issued under Chapter 1702, Occupations Code.
SECTION 3. This Act takes effect September 1, 2025.