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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of firearms, air guns, ammunition, and |
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firearm and air gun supplies; imposing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 229.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) Notwithstanding any other law, including Section 43.002 |
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of this code and Chapter 251, Agriculture Code, a municipality may |
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not adopt regulations relating to: |
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(1) the transfer, purchase, sale, taxation, |
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manufacture, storage, carrying, wearing, private ownership, |
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keeping, transportation, licensing, or registration of firearms, |
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air guns, ammunition, or firearm or air gun supplies; or |
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(2) the discharge of a firearm or air gun at a sport |
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shooting range. |
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SECTION 2. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. REGULATION OF FIREARMS AND AMMUNITION |
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Sec. 247.001. DEFINITIONS. In this chapter: |
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(1) "Local regulation" means an ordinance, order, or |
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regulation of a political subdivision. |
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(2) "Officer" means a person appointed or elected as |
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an executive officer of a political subdivision. |
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(3) "Political subdivision" means a municipality, |
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county, or special-purpose district, including a school, junior |
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college, water, hospital, or conservation and reclamation |
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district. |
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Sec. 247.002. UNAUTHORIZED LOCAL REGULATION OF FIREARMS AND |
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AMMUNITION. (a) Notwithstanding any other law, a political |
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subdivision or an officer of a political subdivision may not adopt |
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or enforce a local regulation relating to a firearm or ammunition |
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unless authorized by this code or other state law. |
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(b) A local regulation relating to a firearm or ammunition |
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that is not authorized by this code or other state law is invalid. |
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(c) It is not a defense to a suit brought under this chapter |
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alleging that a political subdivision adopted a local regulation in |
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violation of Subsection (a) that the political subdivision was |
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acting in good faith or on the advice of counsel. |
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Sec. 247.003. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION |
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TO SUE. (a) Governmental immunity to suit and liability is waived |
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and abolished to the extent of liability for the relief allowed |
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under this chapter for a violation of Section 247.002(a). |
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(b) A person who is adversely affected by a violation of |
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Section 247.002(a) may file suit against the political subdivision. |
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Sec. 247.004. VENUE. Venue for a suit brought under this |
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chapter is in the district court in the county in which the |
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violation occurred. |
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Sec. 247.005. REMEDIES. A district court may award a |
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plaintiff in a civil action brought under Section 247.003: |
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(1) declaratory relief under Chapter 37, Civil |
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Practice and Remedies Code; |
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(2) injunctive relief to prevent the threatened |
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violation or continued violation; |
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(3) actual damages of not more than $100,000; and |
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(4) reasonable attorney's fees, court costs, and other |
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reasonable expenses required in bringing the action. |
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Sec. 247.006. CIVIL PENALTY. (a) An officer who knowingly |
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and wilfully violates Section 247.002(a) is personally liable to |
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the state for a civil penalty of not more than $5,000. |
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(b) The attorney general or a district or county attorney of |
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the county in which the violation is alleged to have occurred may |
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sue to collect the civil penalty. |
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(c) The affirmative defense of official immunity is not |
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available to an officer sued under this section. |
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SECTION 3. This Act takes effect September 1, 2015. |