83R3152 NC-F
	By: Stickland, et al.	H.B. No. 1299

	A BILL TO BE ENTITLED
	AN ACT
	relating to municipal regulation of electric stun guns, knives, and
	personal defense sprays.
	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 WEAPONS [FIREARMS] AND EXPLOSIVES
	SECTION 2.  Subchapter A, Chapter 229, Local Government
	Code, is amended by adding Section 229.005 to read as follows:
	Sec. 229.005.  ELECTRIC STUN GUNS; KNIVES; PERSONAL DEFENSE
	SPRAYS. (a)  In this section:
	(1)  "Electric stun gun" means a device that is:
	(A)  sold commercially for personal protection;
	and
	(B)  designed, made, or adapted for the purpose of
	emitting an electrical charge or current intended to temporarily
	disable a person.
	(2)  "Knife" has the meaning assigned by Section 46.01,
	Penal Code.
	(3)  "Personal defense spray" means a small chemical
	dispenser that is:
	(A)  sold commercially for personal protection;
	and
	(B)  designed, made, or adapted for the purpose of
	dispensing a substance capable of causing an adverse psychological
	or physiological effect on a human being.
	(b)  Notwithstanding any other law, a municipality may not
	adopt or enforce an ordinance or other regulation relating to the
	private ownership, keeping, carrying, transportation, licensing,
	or registration of an electric stun gun, a knife, or a personal
	defense spray.
	(c)  Subsection (b) does not affect the authority of a
	municipality to:
	(1)  enforce Sections 46.02, 46.03, and 46.05, Penal
	Code; or
	(2)  adopt or enforce an ordinance or other regulation
	prohibiting a person, for purposes of entering a restricted area,
	from carrying an electric stun gun, a knife, or a personal defense
	spray past a metal detector or magnetometer used to screen for
	weapons.
	SECTION 3.  This Act takes effect September 1, 2013.