84R8430 NC-F
	By: Frullo, Dutton, King of Hemphill,	H.B. No. 905
	Nevárez, Farney

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of knives by a municipality or county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter A, Chapter 229, Local
	Government Code, is amended to read as follows:
	SUBCHAPTER A. REGULATION OF FIREARMS, KNIVES, AND EXPLOSIVES
	SECTION 2.  The heading to Section 229.001, Local Government
	Code, is amended to read as follows:
	Sec. 229.001.  FIREARMS; AIR GUNS; KNIVES; EXPLOSIVES.
	SECTION 3.  Sections 229.001(a), (b), (d), and (e), Local
	Government Code, are 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, 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.
	(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, or
	knives 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;
	(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.
	(d)  The exception provided by Subsection (b)(4) does not
	authorize the seizure or confiscation of any firearm, air gun,
	knife, or ammunition from an individual who is lawfully carrying or
	possessing the firearm, air gun, knife, 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)  "Knife" has the meaning assigned by Section 46.01,
	Penal Code.
	(3)  "Sport shooting range" has the meaning assigned by
	Section 250.001.
	SECTION 4.  The heading to Chapter 236, Local Government
	Code, is amended to read as follows:
	CHAPTER 236. COUNTY REGULATION OF FIREARMS, KNIVES, AMMUNITION,
	FIREARM SUPPLIES, AND SPORT SHOOTING RANGES
	SECTION 5.  Section 236.001, Local Government Code, is
	amended by adding Subdivision (1-a) to read as follows:
	(1-a)  "Knife" has the meaning assigned by Section
	46.01, Penal Code.
	SECTION 6.  Section 236.002(a), Local Government Code, is
	amended to read as follows:
	(a)  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,
	knives, ammunition, or firearm or air gun supplies; or
	(2)  the discharge of a firearm or air gun at a sport
	shooting range.
	SECTION 7.  (a) A municipality or county may not enforce a
	regulation adopted by the municipality or county before the
	effective date of this Act that relates to knives, if the adoption
	of the regulation would be prohibited under Section 229.001 or
	236.002, Local Government Code, as amended by this Act.
	(b)  A court in which a proceeding is pending for a violation
	of a regulation described by Subsection (a) of this section shall
	dismiss the proceeding.
	(c)  The prohibition of enforcement of a regulation under
	Subsection (a) of this section does not:
	(1)  affect a final judgment of a court upholding a
	penalty under a regulation described by Subsection (a); or
	(2)  entitle a person who has paid a penalty for a
	violation of the regulation to a refund of the penalty.
	SECTION 8.  This Act takes effect September 1, 2015.