86R11508 NC-F
	By: Clardy	H.B. No. 3231

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of firearms, air guns, knives,
	ammunition, or firearm or air gun supplies or accessories by a
	county or municipality.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 229.001, Local Government Code, is
	amended by amending Subsections (a), (b), (d), and (e) and adding
	Subsections (a-1), (b-1), (d-1), and (h) 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 regulations relating to:
	(1)  the transfer, possession, carrying, [private]
	ownership, storage [keeping], transportation, licensing, or
	registration of firearms, air guns, knives, ammunition, or firearm
	or air gun supplies or accessories; [or]
	(2)  commerce in firearms, air guns, knives,
	ammunition, or firearm or air gun supplies or accessories; or
	(3)  the discharge of a firearm or air gun at a sport
	shooting range.
	(a-1)  An ordinance, resolution, rule, or policy adopted or
	enforced by a municipality, or an official action, including in any
	legislative, police power, or proprietary capacity, taken by an
	employee or agent of a municipality in violation of this section is
	void.
	(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 [regulate the use of
	property, the location of a business, or uses at a business under
	the municipality's fire code, zoning ordinance, or land-use
	regulations as long as the code, ordinance, or regulations are not
	used to circumvent the intent of Subsection (a) or Subdivision (5)
	of this subsection];
	(4)  regulate the use of firearms, air guns, or knives
	in the case of an insurrection, riot, or natural disaster if the
	municipality finds the regulations necessary to protect public
	health and safety;
	(5)  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;
	(6)  regulate the carrying of a firearm or air gun by a
	person other than a person licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code, 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;
	(7)  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;
	(8)  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; [or]
	(9) [(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
	(10)  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 firearms, firearm accessories, or
	ammunition that is otherwise lawful in this state.
	(d)  The exception provided by Subsection (b)(4) does not
	authorize the seizure or confiscation of any firearm, air gun,
	knife, [or] ammunition, or firearm or air gun supplies or
	accessories from an individual who is lawfully carrying or
	possessing the firearm, air gun, knife, [or] ammunition, or firearm
	or air gun supplies or accessories.
	(d-1)  The exception provided by Subsection (b)(10) does not
	authorize a municipality to regulate an employee's carrying or
	possession of a firearm in violation of Subchapter G, Chapter 52,
	Labor Code.
	(e)  In this section:
	(1)  "Air gun" means any gun that discharges a pellet,
	BB, or paintball by means of compressed air, gas propellant, or a
	spring.
	(2)  "Ammunition" means fixed cartridge ammunition,
	shotgun shells, individual components of fixed cartridge
	ammunition and shotgun shells, projectiles for muzzle-loading
	firearms, or any propellant used in firearms or ammunition.
	(3)  "Firearm or air gun accessory" means a device
	specifically designed or adapted to:
	(A)  enable the wearing or carrying by a person,
	or the storage or mounting in or on a conveyance, of a firearm or air
	gun; or
	(B)  be inserted into or affixed to a firearm or
	air gun to enable, alter, or improve the functioning or
	capabilities of the firearm.
	(4)  "Knife" has the meaning assigned by Section 46.01,
	Penal Code.
	(5) [(3)]  "Sport shooting range" has the meaning
	assigned by Section 250.001.
	(h)  A person adversely affected by a violation of this
	section may file suit against the municipality in an appropriate
	court. The court shall award to a plaintiff who prevails:
	(1)  actual damages;
	(2)  equitable relief as determined by the court to be
	necessary, including declarative or injunctive relief; and
	(3)  reasonable expenses, including attorney's fees,
	court costs, and expert witness fees.
	SECTION 2.  Section 236.001(1), Local Government Code, is
	amended to read as follows:
	(1)  "Air gun," "ammunition," and "firearm or air gun
	accessory" have the meanings [gun" has the meaning] assigned by
	Section 229.001.
	SECTION 3.  Section 236.002, Local Government Code, is
	amended by amending Subsection (a) and adding Subsections (a-1),
	(a-2), (a-3), and (a-4) to read as follows:
	(a)  Notwithstanding any other law, including Chapter 251,
	Agriculture Code, a county may not adopt or enforce regulations
	relating to:
	(1)  the transfer, possession, carrying, [private]
	ownership, storage [keeping], transportation, licensing, or
	registration of firearms, air guns, knives, ammunition, or firearm
	or air gun supplies or accessories; [or]
	(2)  commerce in firearms, air guns, knives,
	ammunition, or firearm or air gun supplies or accessories; or
	(3)  the discharge of a firearm or air gun at a sport
	shooting range.
	(a-1)  An ordinance, rule, resolution, or policy adopted or
	enforced by a county, or an official action, including in any
	legislative, police power, or proprietary capacity, taken by an
	employee or agent of a county in violation of this section is void.
	(a-2)  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 (a-3), adopt or
	enforce a generally applicable land use regulation, fire code, or
	business regulation; or
	(5)  except as provided by Subsection (a-4), 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.
	(a-3)  A county order or regulation designed or enforced to
	effectively restrict or prohibit the manufacture, sale, purchase,
	transfer, or display of firearms, firearm accessories, or
	ammunition that is otherwise lawful in this state is void.
	(a-4)  Subsection (a-2)(5) does not authorize a county to
	regulate an employee's carrying or possession of a firearm in
	violation of Subchapter G, Chapter 52, Labor Code.
	SECTION 4.  Chapter 236, Local Government Code, is amended
	by adding Section 236.004 to read as follows:
	Sec. 236.004.  CIVIL REMEDY. (a)  A person adversely
	affected by a violation of this chapter may file suit against the
	county in an appropriate court.
	(b)  The court shall award to a plaintiff who prevails:
	(1)  actual damages;
	(2)  equitable relief as determined by the court to be
	necessary, including declarative or injunctive relief; and
	(3)  reasonable expenses, including attorney's fees,
	court costs, and expert witness fees.
	SECTION 5.  This Act takes effect September 1, 2019.