HB 1138

AN ACT relating to the authority of a municipality or county to regulate or

House Bill Gámez
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Limits the ability of municipalities and counties to regulate firearm carrying in public spaces, particularly in libraries. It specifically prevents local governments from prohibiting firearm carrying by certain individuals, such as active military, peace officers, and licensed security personnel, in county or municipal libraries. The bill ensures broader firearm carry rights at the local level, restricting local authorities' power to create more stringent firearm regulations in public spaces.

Subject Areas

Bill Text

relating to the authority of a municipality or county to regulate or
prohibit the carrying of a firearm on the premises of certain
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 229.001, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (d-2) to
(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
(2)  regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
(3)  except as provided by Subsection (b-1), adopt or
enforce a generally applicable zoning ordinance, land use
regulation, fire code, or business ordinance;
(4)  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
(5)  regulate the carrying of an air gun or firearm,
other than a handgun carried by a person not otherwise prohibited by
law from carrying a handgun, at a:
(B)  public meeting of a municipality, county, or
(C)  political rally, parade, or official
(D)  nonfirearms-related school, college, or
(6)  regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, in accordance with Section 411.209, Government
(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
(8)  regulate the carrying of an air gun by a minor on:
(B)  private property without consent of the
(9)  except as provided by Subsection (d-1), regulate
or prohibit an employee's carrying or possession of a firearm,
firearm accessory, or ammunition in the course of the employee's
(10)  except as provided by Subsection (d-2), regulate
or prohibit the carrying of a firearm on the premises of a library
established and operated by the municipality.
(d-2)  Subsection (b)(10) does not authorize a municipality
to regulate or prohibit the carrying of a firearm by a person
described by Section 46.15(a)(1) or (b)(1), Penal Code, or by a
person who is otherwise authorized to carry a firearm under a
license or commission issued under Chapter 1702, Occupations Code.
SECTION 2.  Section 236.002, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (e-1) to
(c)  Subsection (a) does not affect the authority of a county
(1)  require a resident or public employee to be armed
for personal or national defense, law enforcement, or other purpose
(2)  regulate the discharge of firearms or air guns in
accordance with Section 235.022;
(3)  regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, in accordance with Section 411.209, Government
(4)  except as provided by Subsection (d), adopt or
enforce a generally applicable land use regulation, fire code, or
(5)  except as provided by Subsection (e), regulate or
prohibit an employee's carrying or possession of a firearm, firearm
accessory, or ammunition in the course of the employee's official
(6)  except as provided by Subsection (e-1), regulate
or prohibit the carrying of a firearm on the premises of a library
established and operated by the county.
(e-1)  Subsection (c)(6) does not authorize a county to
regulate or prohibit the carrying of a firearm by a person described
by Section 46.15(a)(1) or (b)(1), Penal Code, or by a person who is
otherwise authorized to carry a firearm under a license or
commission issued under Chapter 1702, Occupations Code.
SECTION 3.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the authority of a municipality or county to regulate or