HB1138 - Relating to the authority of a municipality or county to regulate or prohibit the carrying of a firearm on the premises of certain libraries.

  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.