Texas 2025 - 89th Regular

Texas House Bill HB3138 Compare Versions

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

Old	New	Differences
1	1	89R11674 JBD-F
2	2	By: Lopez of Cameron H.B. No. 3138
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a municipality or county to regulate
10	10	certain matters related to firearms, air guns, archery equipment,
11	11	and other weapons and related supplies.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 229.001, Local Government
14	14	Code, is amended to read as follows:
15	15	Sec. 229.001. FIREARMS; AIR GUNS; ARCHERY EQUIPMENT;
16	16	KNIVES; EXPLOSIVES.
17	17	SECTION 2. Sections 229.001(a), (b), (b-1), (c), and (d),
18	18	Local Government Code, are amended to read as follows:
19	19	(a) Notwithstanding any other law, including Section 43.002
20	20	of this code and Chapter 251, Agriculture Code, a municipality may
21	21	not adopt or enforce regulations that:
22	22	(1) relate to:
23	23	(A) the transfer, possession, wearing, carrying,
24	24	ownership, storage, transportation, licensing, or registration of
25	25	firearms, air guns, archery equipment, knives, ammunition, or
26	26	firearm or air gun supplies or accessories;
27	27	(B) commerce in firearms, air guns, archery
28	28	equipment, knives, ammunition, or firearm or air gun supplies or
29	29	accessories; or
30	30	(C) the discharge of a firearm, [or] air gun, or
31	31	archery equipment at a sport shooting range; or
32	32	(2) require an owner of a firearm or archery equipment
33	33	to obtain liability insurance coverage for damages resulting from
34	34	negligent or wilful acts involving the use of the firearm or archery
35	35	equipment.
36	36	(b) Subsection (a) does not affect the authority a
37	37	municipality has under another law to:
38	38	(1) require residents or public employees to be armed
39	39	for personal or national defense, law enforcement, or another
40	40	lawful purpose;
41	41	(2) regulate the discharge of firearms, [or] air guns,
42	42	or archery equipment within the limits of the municipality, other
43	43	than at a sport shooting range;
44	44	(3) except as provided by Subsection (b-1), adopt or
45	45	enforce a generally applicable zoning ordinance, land use
46	46	regulation, fire code, or business ordinance;
47	47	(4) regulate the storage or transportation of
48	48	explosives to protect public health and safety, except that 25
49	49	pounds or less of black powder for each private residence and 50
50	50	pounds or less of black powder for each retail dealer are not
51	51	subject to regulation;
52	52	(5) regulate the carrying of an air gun, archery
53	53	equipment, or firearm, other than a handgun carried by a person not
54	54	otherwise prohibited by law from carrying a handgun, at a:
55	55	(A) public park;
56	56	(B) public meeting of a municipality, county, or
57	57	other governmental body;
58	58	(C) political rally, parade, or official
59	59	political meeting; or
60	60	(D) nonfirearms-related school, college, or
61	61	professional athletic event;
62	62	(6) regulate the carrying of a firearm by a person
63	63	licensed to carry a handgun under Subchapter H, Chapter 411,
64	64	Government Code, in accordance with Section 411.209, Government
65	65	Code;
66	66	(7) regulate the hours of operation of a sport
67	67	shooting range, except that the hours of operation may not be more
68	68	limited than the least limited hours of operation of any other
69	69	business in the municipality other than a business permitted or
70	70	licensed to sell or serve alcoholic beverages for on-premises
71	71	consumption;
72	72	(8) regulate the carrying of an air gun by a minor on:
73	73	(A) public property; or
74	74	(B) private property without consent of the
75	75	property owner; or
76	76	(9) except as provided by Subsection (d-1), regulate
77	77	or prohibit an employee's carrying or possession of a firearm,
78	78	firearm accessory, or ammunition in the course of the employee's
79	79	official duties.
80	80	(b-1) The exception provided by Subsection (b)(3) does not
81	81	apply if the ordinance or regulation is designed or enforced to
82	82	effectively restrict or prohibit the manufacture, sale, purchase,
83	83	transfer, or display of archery equipment, firearms, firearm
84	84	accessories, or ammunition that is otherwise lawful in this state.
85	85	(c) The exception provided by Subsection (b)(5) does not
86	86	apply:
87	87	(1) if the firearm, [or] air gun, or archery equipment
88	88	is in or is carried to or from an area designated for use in a lawful
89	89	hunting, fishing, or other sporting event and the firearm, [or] air
90	90	gun, or archery equipment is of the type commonly used in the
91	91	activity; or
92	92	(2) to a person licensed to carry a handgun under
93	93	Subchapter H, Chapter 411, Government Code.
94	94	(d) Nothing in this section may be construed to authorize
95	95	the seizure or confiscation of any firearm, air gun, archery
96	96	equipment, knife, ammunition, or firearm or air gun supplies or
97	97	accessories from an individual who is lawfully carrying or
98	98	possessing the firearm, air gun, archery equipment, knife,
99	99	ammunition, or firearm or air gun supplies or accessories.
100	100	SECTION 3. Section 229.001(e), Local Government Code, is
101	101	amended by adding Subdivision (2-a) to read as follows:
102	102	(2-a) "Archery equipment" means a long bow, recurved
103	103	bow, compound bow, or crossbow. The term includes an arrow and a
104	104	component part or accessory of an arrow, bow, or crossbow.
105	105	SECTION 4. Section 235.042(a), Local Government Code, is
106	106	amended to read as follows:
107	107	(a) To promote the public safety, the commissioners court of
108	108	a county by order may prohibit or otherwise regulate hunting with
109	109	bows and arrows on lots that are smaller than seven [10] acres [or
110	110	smaller] and are located in the unincorporated area of the county in
111	111	a subdivision.
112	112	SECTION 5. The heading to Chapter 236, Local Government
113	113	Code, is amended to read as follows:
114	114	CHAPTER 236. COUNTY REGULATION OF FIREARMS, ARCHERY EQUIPMENT,
115	115	KNIVES, AMMUNITION, FIREARM SUPPLIES, AND SPORT SHOOTING RANGES
116	116	SECTION 6. Section 236.001, Local Government Code, is
117	117	amended by adding Subdivision (3) to read as follows:
118	118	(3) "Archery equipment" has the meaning assigned by
119	119	Section 229.001.
120	120	SECTION 7. The heading to Section 236.002, Local Government
121	121	Code, is amended to read as follows:
122	122	Sec. 236.002. FIREARMS; AIR GUNS; ARCHERY EQUIPMENT; SPORT
123	123	SHOOTING RANGE.
124	124	SECTION 8. Section 236.002(a), Local Government Code, is
125	125	amended to read as follows:
126	126	(a) Notwithstanding any other law, including Chapter 251,
127	127	Agriculture Code, a county may not adopt or enforce regulations
128	128	that:
129	129	(1) relate to:
130	130	(A) the transfer, possession, wearing, carrying,
131	131	ownership, storage, transportation, licensing, or registration of
132	132	firearms, air guns, archery equipment, knives, ammunition, or
133	133	firearm or air gun supplies or accessories;
134	134	(B) commerce in firearms, air guns, archery
135	135	equipment, knives, ammunition, or firearm or air gun supplies or
136	136	accessories; or
137	137	(C) the discharge of a firearm, [or] air gun, or
138	138	archery equipment at a sport shooting range; or
139	139	(2) require an owner of a firearm or archery equipment
140	140	to obtain liability insurance coverage for damages resulting from
141	141	negligent or wilful acts involving the use of the firearm or archery
142	142	equipment.
143	143	SECTION 9. Sections 342.003(a) and (b), Local Government
144	144	Code, are amended to read as follows:
145	145	(a) The governing body of the municipality may:
146	146	(1) prohibit dangerous chimneys, flues, fireplaces,
147	147	stovepipes, ovens, and other apparatus used in or about any
148	148	building, and require the apparatus to be removed or placed in a
149	149	safe condition;
150	150	(2) prohibit the unsafe deposit of ashes;
151	151	(3) appoint officers who may enter any building or
152	152	enclosure to examine and determine whether it is in a dangerous
153	153	condition and, if the building or enclosure is in a dangerous
154	154	condition, require that it be put in a safe condition;
155	155	(4) require the inhabitant of a building to maintain
156	156	as many fire buckets and means of access to the roof as prescribed
157	157	by the governing body, and regulate the use of those items in the
158	158	event of a fire;
159	159	(5) require the owner or occupant of a building to
160	160	maintain access to the roof and to stairs or ladders that lead to
161	161	the roof;
162	162	(6) prohibit or otherwise regulate factories and other
163	163	works that pose a danger of promoting or causing fires;
164	164	(7) prohibit or otherwise regulate the erection of
165	165	cotton presses and sheds;
166	166	(8) prohibit or otherwise regulate the use of
167	167	fireworks [and firearms];
168	168	(9) prohibit, direct, or otherwise regulate the
169	169	keeping and management of buildings within the municipality that
170	170	are used to store gunpowder or other combustible, explosive, or
171	171	dangerous materials, and regulate the keeping and conveying of
172	172	those materials;
173	173	(10) regulate the building of parapet or party walls;
174	174	(11) authorize the mayor or other municipal officers,
175	175	including the officers of fire companies, to keep away from the
176	176	vicinity of any fire all idle, disorderly, or suspicious persons,
177	177	and to arrest and confine those persons;
178	178	(12) compel municipal officers and all other persons
179	179	to aid in extinguishing fires, preserving property exposed to the
180	180	danger of fire, and preventing theft; and
181	181	(13) adopt other rules for the prevention and
182	182	extinguishment of fires as the governing body considers necessary.
183	183	(b) Subsection (a)(9) [(a)(8) or (9)] does not authorize a
184	184	municipality to adopt any prohibition or other regulation in
185	185	violation of Section 229.001.
186	186	SECTION 10. The changes in law made by this Act apply to an
187	187	ordinance, order, regulation, or other measure adopted before, on,
188	188	or after the effective date of this Act.
189	189	SECTION 11. This Act takes effect immediately if it
190	190	receives a vote of two-thirds of all the members elected to each
191	191	house, as provided by Section 39, Article III, Texas Constitution.
192	192	If this Act does not receive the vote necessary for immediate
193	193	effect, this Act takes effect September 1, 2025.