85R5653 DMS-F
	By: White	H.B. No. 927

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of firearms, air guns, knives,
	ammunition, and firearm and air gun supplies; imposing a civil
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 229.001(a), Local Government Code, is
	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, storage, carrying, wearing, 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 2.  Subtitle C, Title 7, Local Government Code, is
	amended by adding Chapter 247 to read as follows:
	CHAPTER 247. REGULATION OF FIREARMS, KNIVES, AND AMMUNITION
	Sec. 247.001.  DEFINITIONS. In this chapter:
	(1)  "Local regulation" means an ordinance, order, or
	regulation of a political subdivision.
	(2)  "Officer" means a person appointed or elected as
	an executive officer of a political subdivision.
	(3)  "Political subdivision" means a municipality,
	county, or special-purpose district, including a school, junior
	college, water, hospital, or conservation and reclamation
	district.
	Sec. 247.002.  UNAUTHORIZED LOCAL REGULATION OF FIREARMS,
	KNIVES, AND AMMUNITION. (a) Notwithstanding any other law, a
	political subdivision or an officer of a political subdivision may
	not adopt or enforce a local regulation relating to a firearm, a
	knife, or ammunition unless authorized by this code or other state
	law.
	(b)  A local regulation relating to a firearm, a knife, or
	ammunition that is not authorized by this code or other state law is
	invalid.
	(c)  A political subdivision that violates Subsection (a) is
	liable for a civil penalty of:
	(1)  not less than $1,000 and not more than $1,500 for
	the first violation; and
	(2)  not less than $10,000 and not more than $10,500 for
	the second or a subsequent violation.
	(d)  Each day of a continuing violation of Subsection (a)
	constitutes a separate violation.
	(e)  If a political subdivision violates Subsection (a), a
	person may provide the political subdivision a written notice that
	describes the violation and the specific location of the violation.
	If the political subdivision does not cure the violation before the
	end of the third business day after the date of receiving the
	notice, the person may file a complaint with the attorney general
	concerning the violation.  A complaint filed under this subsection
	must include evidence of the violation and a copy of the notice.
	(f)  A civil penalty collected by the attorney general under
	this section shall be deposited to the credit of the compensation to
	victims of crime fund established under Subchapter B, Chapter 56,
	Code of Criminal Procedure.
	(g)  Before a suit may be brought against a political
	subdivision for a violation of Subsection (a), the attorney general
	must investigate the complaint to determine whether legal action is
	warranted. If legal action is warranted, the attorney general must
	give the chief administrative officer of the political subdivision
	charged with the violation a written notice that:
	(1)  describes the violation and specific location of
	the violation;
	(2)  states the amount of the proposed penalty for the
	violation; and
	(3)  gives the political subdivision 15 days from
	receipt of the notice to cure the violation to avoid the penalty,
	unless the political subdivision was found liable by a court for
	previously violating Subsection (a).
	(h)  If the attorney general determines that legal action is
	warranted and that the political subdivision has not cured the
	violation within the 15-day period provided by Subsection (g)(3),
	the attorney general or the appropriate county or district attorney
	may sue to collect the civil penalty provided by Subsection (c). The
	attorney general may also file a petition for a writ of mandamus or
	apply for other appropriate equitable relief. A suit or petition
	under this subsection may be filed in a district court in Travis
	County or in a county in which the principal office of the political
	subdivision is located. The attorney general may recover reasonable
	expenses incurred in obtaining relief under this subsection,
	including court costs, reasonable attorney's fees, investigative
	costs, witness fees, and deposition costs.
	(i)  Governmental immunity to suit and from liability is
	waived and abolished to the extent of liability created by this
	chapter.  A political subdivision may not sue a person for an action
	taken in accordance with this chapter.
	SECTION 3.  This Act takes effect September 1, 2017.