Gámez bill letting cities ban guns in libraries

The text as introduced · 717 words

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.