CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY

CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not

adopt regulations relating to the transfer, private ownership,

keeping, transportation, licensing, or registration of firearms,

ammunition, or firearm supplies.

(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 within the limits of the

municipality;

(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 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; or

(6) regulate the carrying of a firearm 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.

(c) The exception provided by Subsection (b)(6) does not apply

if the firearm 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 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 or

ammunition from an individual who is lawfully carrying or

possessing the firearm or ammunition.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1,

1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch.

1420, Sec. 12.002(10), eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

18, Sec. 5, eff. April 27, 2007.

Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A municipality

may not apply a regulation relating to the discharge of firearms

or other weapons in the extraterritorial jurisdiction of the

municipality or in an area annexed by the municipality after

September 1, 1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow

discharged:

(A) on a tract of land of 10 acres or more and more than 150

feet from a residence or occupied building located on another

property; and

(B) in a manner not reasonably expected to cause a projectile to

cross the boundary of the tract; or

(2) a center fire or rim fire rifle or pistol of any caliber

discharged:

(A) on a tract of land of 50 acres or more and more than 300

feet from a residence or occupied building located on another

property; and

(B) in a manner not reasonably expected to cause a projectile to

cross the boundary of the tract.

Added by Acts 2005, 79th Leg., Ch.

18, Sec. 4, eff. May 3, 2005.

Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN

MUNICIPALITIES. (a) This section applies only to a municipality

located wholly or partly in a county:

(1) with a population of 450,000 or more;

(2) in which all or part of a municipality with a population of

one million or more is located; and

(3) that is located adjacent to a county with a population of

two million or more.

(b) Notwithstanding Section 229.002, a municipality may not

apply a regulation relating to the discharge of firearms or other

weapons in the extraterritorial jurisdiction of the municipality

or in an area annexed by the municipality after September 1,

1981, if the firearm or other weapon is:

(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow

discharged:

(A) on a tract of land of 10 acres or more and:

(i) more than 1,000 feet from:

(a) the property line of a public tract of land, generally

accessible by the public, that is routinely used for organized

sporting or recreational activities or that has permanent

recreational facilities or equipment; and

(b) the property line of a school, hospital, or commercial

day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential subdivision; and

(b) the property line of a multifamily residential complex; and

(iii) more than 150 feet from a residence or occupied building

located on another property; and

(B) in a manner not reasonably expected to cause a projectile to

cross the boundary of the tract;

(2) a center fire or rim fire rifle or pistol of any caliber

discharged:

(A) on a tract of land of 50 acres or more and:

(i) more than 1,000 feet from:

(a) the property line of a public tract of land, generally

accessible by the public, that is routinely used for organized

sporting or recreational activities or that has permanent

recreational facilities or equipment; and

(b) the property line of a school, hospital, or commercial

day-care facility;

(ii) more than 600 feet from:

(a) the property line of a residential subdivision; and

(b) the property line of a multifamily residential complex; and

(iii) more than 300 feet from a residence or occupied building

located on another property; and

(B) in a manner not reasonably expected to cause a projectile to

cross the boundary of the tract; or

(3) discharged at a sport shooting range, as defined by Section

250.001, in a manner not reasonably expected to cause a

projectile to cross the boundary of a tract of land.

Added by Acts 2009, 81st Leg., R.S., Ch.

1230, Sec. 1, eff. June 19, 2009.