bill adding bows and arrows to local weapon rule limits

The text as introduced · 1,518 words

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.