HB3138 - Relating to the authority of a municipality or county to regulate certain matters related to firearms, air guns, archery equipment, and other weapons and related supplies.

  89R11674 JBD-F     By: Lopez of Cameron H.B. No. 3138       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a municipality or county to regulate   certain matters related to firearms, air guns, archery equipment,   and other weapons and related supplies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 229.001, Local Government   Code, is amended to read as follows:          Sec. 229.001.  FIREARMS; AIR GUNS; ARCHERY EQUIPMENT;   KNIVES; EXPLOSIVES.          SECTION 2.  Sections 229.001(a), (b), (b-1), (c), and (d),   Local Government Code, are amended to read as follows:          (a)  Notwithstanding any other law, including Section 43.002   of this code and Chapter 251, Agriculture Code, a municipality may   not adopt or enforce regulations that:                (1)  relate to:                      (A)  the transfer, possession, wearing, carrying,   ownership, storage, transportation, licensing, or registration of   firearms, air guns, archery equipment, knives, ammunition, or   firearm or air gun supplies or accessories;                      (B)  commerce in firearms, air guns, archery   equipment, knives, ammunition, or firearm or air gun supplies or   accessories; or                      (C)  the discharge of a firearm , [ or ] air gun , or   archery equipment at a sport shooting range; or                (2)  require an owner of a firearm or archery equipment   to obtain liability insurance coverage for damages resulting from   negligent or wilful acts involving the use of the firearm or archery   equipment .          (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 ,   or archery equipment 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 , archery   equipment, 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.          (b-1)  The exception provided by Subsection (b)(3) does not   apply if the ordinance or regulation is designed or enforced to   effectively restrict or prohibit the manufacture, sale, purchase,   transfer, or display of archery equipment, firearms, firearm   accessories, or ammunition that is otherwise lawful in this state.          (c)  The exception provided by Subsection (b)(5) does not   apply :                 (1)   if the firearm , [ or ] air gun , or archery equipment   is in or is carried to or from an area designated for use in a lawful   hunting, fishing, or other sporting event and the firearm , [ or ] air   gun , or archery equipment is of the type commonly used in the   activity ; or                 (2)     to a person licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code .          (d)  Nothing in this section may be construed to authorize   the seizure or confiscation of any firearm, air gun, archery   equipment, knife, ammunition, or firearm or air gun supplies or   accessories from an individual who is lawfully carrying or   possessing the firearm, air gun, archery equipment, knife,   ammunition, or firearm or air gun supplies or accessories.          SECTION 3.  Section 229.001(e), Local Government Code, is   amended by adding Subdivision (2-a) to read as follows:                 (2-a) "Archery equipment" means a long bow, recurved   bow, compound bow, or crossbow.   The term includes an arrow and a   component part or accessory of an arrow, bow, or crossbow.          SECTION 4.  Section 235.042(a), Local Government Code, is   amended to read as follows:          (a)  To promote the public safety, the commissioners court of   a county by order may prohibit or otherwise regulate hunting with   bows and arrows on lots that are smaller than seven [ 10 ] acres [ or   smaller ] and are located in the unincorporated area of the county in   a subdivision.          SECTION 5.  The heading to Chapter 236, Local Government   Code, is amended to read as follows:   CHAPTER 236. COUNTY REGULATION OF FIREARMS, ARCHERY EQUIPMENT,   KNIVES, AMMUNITION, FIREARM SUPPLIES, AND SPORT SHOOTING RANGES          SECTION 6.  Section 236.001, Local Government Code, is   amended by adding Subdivision (3) to read as follows:                 (3)     "Archery equipment" has the meaning assigned by   Section 229.001.          SECTION 7.  The heading to Section 236.002, Local Government   Code, is amended to read as follows:          Sec. 236.002.  FIREARMS; AIR GUNS; ARCHERY EQUIPMENT; SPORT   SHOOTING RANGE.          SECTION 8.  Section 236.002(a), Local Government Code, is   amended to read as follows:          (a)  Notwithstanding any other law, including Chapter 251,   Agriculture Code, a county may not adopt or enforce regulations   that:                (1)  relate to:                      (A)  the transfer, possession, wearing, carrying,   ownership, storage, transportation, licensing, or registration of   firearms, air guns, archery equipment, knives, ammunition, or   firearm or air gun supplies or accessories;                      (B)  commerce in firearms, air guns, archery   equipment, knives, ammunition, or firearm or air gun supplies or   accessories; or                      (C)  the discharge of a firearm , [ or ] air gun , or   archery equipment at a sport shooting range; or                (2)  require an owner of a firearm or archery equipment   to obtain liability insurance coverage for damages resulting from   negligent or wilful acts involving the use of the firearm or archery   equipment .          SECTION 9.  Sections 342.003(a) and (b), Local Government   Code, are amended to read as follows:          (a)  The governing body of the municipality may:                (1)  prohibit dangerous chimneys, flues, fireplaces,   stovepipes, ovens, and other apparatus used in or about any   building, and require the apparatus to be removed or placed in a   safe condition;                (2)  prohibit the unsafe deposit of ashes;                (3)  appoint officers who may enter any building or   enclosure to examine and determine whether it is in a dangerous   condition and, if the building or enclosure is in a dangerous   condition, require that it be put in a safe condition;                (4)  require the inhabitant of a building to maintain   as many fire buckets and means of access to the roof as prescribed   by the governing body, and regulate the use of those items in the   event of a fire;                (5)  require the owner or occupant of a building to   maintain access to the roof and to stairs or ladders that lead to   the roof;                (6)  prohibit or otherwise regulate factories and other   works that pose a danger of promoting or causing fires;                (7)  prohibit or otherwise regulate the erection of   cotton presses and sheds;                (8)  prohibit or otherwise regulate the use of   fireworks [ and firearms ];                (9)  prohibit, direct, or otherwise regulate the   keeping and management of buildings within the municipality that   are used to store gunpowder or other combustible, explosive, or   dangerous materials, and regulate the keeping and conveying of   those materials;                (10)  regulate the building of parapet or party walls;                (11)  authorize the mayor or other municipal officers,   including the officers of fire companies, to keep away from the   vicinity of any fire all idle, disorderly, or suspicious persons,   and to arrest and confine those persons;                (12)  compel municipal officers and all other persons   to aid in extinguishing fires, preserving property exposed to the   danger of [Text truncated for display. 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