H.B. No. 905
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 905 was passed by the House on May 5,
  2015, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 905 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor