S.B. No. 1400
 
 
 
 
AN ACT
  relating to the municipal and county regulation of air guns.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 229.001, Local Government Code, is
  amended to read as follows:
         Sec. 229.001.  FIREARMS; AIR GUNS; EXPLOSIVES.
  (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, 
  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 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; [or]
               (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.
         (c)  The exception provided by Subsection (b)(6) does not
  apply if the firearm or air gun 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 is of the type commonly
  used in the activity.
         (d)  The exception provided by Subsection (b)(4) does not
  authorize the seizure or confiscation of any firearm, air gun, or
  ammunition from an individual who is lawfully carrying or
  possessing the firearm, air gun, 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)  "Sport[, "sport] shooting range" has the meaning
  assigned by Section 250.001.
         SECTION 2.  Subchapter B, Chapter 235, Local Government
  Code, is amended by adding Section 235.020 to read as follows:
         Sec. 235.020.  DEFINITION. In this subchapter, "air gun"
  has the meaning assigned by Section 229.001.
         SECTION 3.  Section 235.022, Local Government Code, is
  amended to read as follows:
         Sec. 235.022.  AUTHORITY TO REGULATE. To promote the public
  safety, the commissioners court of a county by order may prohibit or
  otherwise regulate the discharge of firearms and air guns on lots
  that are 10 acres or smaller and are located in the unincorporated
  area of the county in a subdivision.
         SECTION 4.  Section 235.023, Local Government Code, is
  amended to read as follows:
         Sec. 235.023.  PROHIBITED REGULATIONS. This subchapter does
  not authorize the commissioners court to regulate the transfer,
  ownership, possession, or transportation of firearms or air guns
  and does not authorize the court to require the registration of
  firearms or air guns.
         SECTION 5.  Section 236.001, Local Government Code, is
  amended to read as follows:
         Sec. 236.001.  DEFINITIONS [DEFINITION].  In this chapter:
               (1)  "Air gun" has the meaning assigned by Section
  229.001.
               (2)  "Sport[, "sport] shooting range" has the meaning
  assigned by Section 250.001.
         SECTION 6.  Section 236.002, Local Government Code, is
  amended to read as follows:
         Sec. 236.002.  FIREARMS; AIR GUNS; SPORT SHOOTING RANGE.  
  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, 
  ammunition, or firearm or air gun supplies; or
               (2)  the discharge of a firearm or air gun at a sport
  shooting range.
         SECTION 7.  Section 236.003, Local Government Code, is
  amended to read as follows:
         Sec. 236.003.  REGULATION OF OUTDOOR SPORT SHOOTING RANGE.  
  Notwithstanding Section 236.002, a county may regulate the
  discharge of a firearm or air gun at an outdoor sport shooting range
  as provided by Subchapter B, Chapter 235.
         SECTION 8.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1400 passed the Senate on
  April 25, 2013, by the following vote:  Yeas 26, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1400 passed the House on
  May 22, 2013, by the following vote:  Yeas 143, Nays 1, three
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor