Texas 2025 - 89th Regular

Texas House Bill HB1138 Compare Versions

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

Old	New	Differences
1	1	89R2125 MCF-D
2	2	By: Gámez H.B. No. 1138
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a municipality or county to regulate or
10	10	prohibit the carrying of a firearm on the premises of certain
11	11	libraries.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 229.001, Local Government Code, is
14	14	amended by amending Subsection (b) and adding Subsection (d-2) to
15	15	read as follows:
16	16	(b) Subsection (a) does not affect the authority a
17	17	municipality has under another law to:
18	18	(1) require residents or public employees to be armed
19	19	for personal or national defense, law enforcement, or another
20	20	lawful purpose;
21	21	(2) regulate the discharge of firearms or air guns
22	22	within the limits of the municipality, other than at a sport
23	23	shooting range;
24	24	(3) except as provided by Subsection (b-1), adopt or
25	25	enforce a generally applicable zoning ordinance, land use
26	26	regulation, fire code, or business ordinance;
27	27	(4) regulate the storage or transportation of
28	28	explosives to protect public health and safety, except that 25
29	29	pounds or less of black powder for each private residence and 50
30	30	pounds or less of black powder for each retail dealer are not
31	31	subject to regulation;
32	32	(5) regulate the carrying of an air gun or firearm,
33	33	other than a handgun carried by a person not otherwise prohibited by
34	34	law from carrying a handgun, at a:
35	35	(A) public park;
36	36	(B) public meeting of a municipality, county, or
37	37	other governmental body;
38	38	(C) political rally, parade, or official
39	39	political meeting; or
40	40	(D) nonfirearms-related school, college, or
41	41	professional athletic event;
42	42	(6) regulate the carrying of a firearm by a person
43	43	licensed to carry a handgun under Subchapter H, Chapter 411,
44	44	Government Code, in accordance with Section 411.209, Government
45	45	Code;
46	46	(7) regulate the hours of operation of a sport
47	47	shooting range, except that the hours of operation may not be more
48	48	limited than the least limited hours of operation of any other
49	49	business in the municipality other than a business permitted or
50	50	licensed to sell or serve alcoholic beverages for on-premises
51	51	consumption;
52	52	(8) regulate the carrying of an air gun by a minor on:
53	53	(A) public property; or
54	54	(B) private property without consent of the
55	55	property owner; [or]
56	56	(9) except as provided by Subsection (d-1), regulate
57	57	or prohibit an employee's carrying or possession of a firearm,
58	58	firearm accessory, or ammunition in the course of the employee's
59	59	official duties; or
60	60	(10) except as provided by Subsection (d-2), regulate
61	61	or prohibit the carrying of a firearm on the premises of a library
62	62	established and operated by the municipality.
63	63	(d-2) Subsection (b)(10) does not authorize a municipality
64	64	to regulate or prohibit the carrying of a firearm by a person
65	65	described by Section 46.15(a)(1) or (b)(1), Penal Code, or by a
66	66	person who is otherwise authorized to carry a firearm under a
67	67	license or commission issued under Chapter 1702, Occupations Code.
68	68	SECTION 2. Section 236.002, Local Government Code, is
69	69	amended by amending Subsection (c) and adding Subsection (e-1) to
70	70	read as follows:
71	71	(c) Subsection (a) does not affect the authority of a county
72	72	to:
73	73	(1) require a resident or public employee to be armed
74	74	for personal or national defense, law enforcement, or other purpose
75	75	under other law;
76	76	(2) regulate the discharge of firearms or air guns in
77	77	accordance with Section 235.022;
78	78	(3) regulate the carrying of a firearm by a person
79	79	licensed to carry a handgun under Subchapter H, Chapter 411,
80	80	Government Code, in accordance with Section 411.209, Government
81	81	Code;
82	82	(4) except as provided by Subsection (d), adopt or
83	83	enforce a generally applicable land use regulation, fire code, or
84	84	business regulation; [or]
85	85	(5) except as provided by Subsection (e), regulate or
86	86	prohibit an employee's carrying or possession of a firearm, firearm
87	87	accessory, or ammunition in the course of the employee's official
88	88	duties; or
89	89	(6) except as provided by Subsection (e-1), regulate
90	90	or prohibit the carrying of a firearm on the premises of a library
91	91	established and operated by the county.
92	92	(e-1) Subsection (c)(6) does not authorize a county to
93	93	regulate or prohibit the carrying of a firearm by a person described
94	94	by Section 46.15(a)(1) or (b)(1), Penal Code, or by a person who is
95	95	otherwise authorized to carry a firearm under a license or
96	96	commission issued under Chapter 1702, Occupations Code.
97	97	SECTION 3. This Act takes effect September 1, 2025.