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 fire, and preventing theft; and
	(13)  adopt other rules for the prevention and
	extinguishment of fires as the governing body considers necessary.
	(b)  Subsection (a)(9) [(a)(8) or (9)] does not authorize a
	municipality to adopt any prohibition or other regulation in
	violation of Section 229.001.
	SECTION 10.  The changes in law made by this Act apply to an
	ordinance, order, regulation, or other measure adopted before, on,
	or after the effective date of this Act.
	SECTION 11.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2025.