CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
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.