Bill Text: TX HB905 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the regulation of knives by a municipality or county.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB905 Detail]

Download: Texas-2015-HB905-Enrolled.html

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H.B. No. 905

AN ACT
relating to the regulation of knives by a municipality or county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 229, Local
Government Code, is amended to read as follows:
SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES
SECTION 2. The heading to Section 229.001, Local Government
Code, is amended to read as follows:
Sec. 229.001. FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES.
SECTION 3. Sections 229.001(a), (b), (d), and (e), 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 regulations relating to:
(1) the transfer, private ownership, keeping,
transportation, licensing, or registration of firearms, air guns,
knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport
shooting range.
(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) 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, [or] 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 concealed 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 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
(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.
(d) The exception provided by Subsection (b)(4) does not
authorize the seizure or confiscation of any firearm, air gun,
knife, or ammunition from an individual who is lawfully carrying or
possessing the firearm, air gun, knife, or ammunition.
(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) "Knife" has the meaning assigned by Section 46.01,
Penal Code.
(3) "Sport shooting range" has the meaning assigned by
Section 250.001.
SECTION 4. The heading to Chapter 236, Local Government
Code, is amended to read as follows:
CHAPTER 236. COUNTY REGULATION OF FIREARMS, KNIVES, AMMUNITION,
FIREARM SUPPLIES, AND SPORT SHOOTING RANGES
SECTION 5. Section 236.001, Local Government Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "Knife" has the meaning assigned by Section
46.01, Penal Code.
SECTION 6. 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 regulations relating to:
(1) the transfer, private ownership, keeping,
transportation, licensing, or registration of firearms, air guns,
knives, ammunition, or firearm or air gun supplies; or
(2) the discharge of a firearm or air gun at a sport
shooting range.
SECTION 7. (a) A municipality or county may not enforce a
regulation adopted by the municipality or county before the
effective date of this Act that relates to knives, if the adoption
of the regulation would be prohibited under Section 229.001 or
236.002, Local Government Code, as amended by this Act.
(b) A court in which a proceeding is pending for a violation
of a regulation described by Subsection (a) of this section shall
dismiss the proceeding.
(c) The prohibition of enforcement of a regulation under
Subsection (a) of this section does not:
(1) affect a final judgment of a court upholding a
penalty under a regulation described by Subsection (a); or
(2) entitle a person who has paid a penalty for a
violation of the regulation to a refund of the penalty.
SECTION 8. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 905 was passed by the House on May 5,
2015, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 905 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor