CHAPTER 235. COUNTY REGULATION OF MATTERS RELATING TO EXPLOSIVES AND WEAPONS
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE B. COUNTY REGULATORY AUTHORITY
CHAPTER 235. COUNTY REGULATION OF MATTERS RELATING TO EXPLOSIVES
AND WEAPONS
SUBCHAPTER A. EXPLOSIVES
Sec. 235.001. APPLICABILITY. (a) This subchapter applies only
to a county with a population of one million or more.
(b) This subchapter does not apply to fire, police, or military
personnel acting in the course of their professional duties.
(c) This subchapter does not affect the authority of a
municipality in the county to enact ordinances under other law
concerning explosives.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 235.001 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990. Amended by Acts
1997, 75th Leg., ch. 929, Sec. 1, eff. Sept. 1, 1997. Renumbered
from Sec. 236.001 and amended by Acts 2001, 77th Leg., ch; 1420,
Sec. 12.003(8), eff. Sept. 1, 2001.
Sec. 235.002. DEFINITIONS. In this subchapter:
(1) "Blaster" means a person who:
(A) detonates or otherwise effects the explosion of an explosive
and is employed by a user; or
(B) personally supervises another engaged in that activity.
(2) "Blasting agent" means a material or mixture consisting of
fuel and oxidizer, intended for blasting that, as mixed for use
or shipment, cannot be detonated by means of a number 8 test
blasting cap when unconfined.
(3) "Dealer" means a person who:
(A) buys or sells explosives, black powder, or smokeless powder;
or
(B) is licensed as a dealer of destructive devices, as that term
is defined by the National Firearms Act (26 U.S.C. Sec. 5801 et
seq.).
(4) "Explosive" means a chemical compound mixture or a device,
the primary purpose of which is to function by explosion and
includes dynamite, high explosives, more than 50 pounds of black
powder or smokeless powder, or any amount of pellet powder,
initiating explosives, detonators, safety fuses, blasting agents,
squibs, detonating cord, igniter cord, and igniters.
(5) "Magazine" means any approved storage facility, classified
under 18 U.S.C. Sec. 841 et seq., certified as adequate by the
Bureau of Alcohol, Tobacco, and Firearms of the United States
Department of Treasury, and passed with a current inspection
certificate.
(6) "Manufacturer-distributor" means a person who manufactures,
compounds, combines, produces, or distributes an explosive.
(7) "Transfer" means to transfer an explosive actually or
constructively from one person to another.
(8) "User" means a person who, as the final consumer, uses an
explosive.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 235.002 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990. Renumbered from
Sec. 236.002 and amended by Acts 2001, 77th Leg., ch; 1420, Sec.
12.003(8), eff. Sept. 1, 2001.
Sec. 235.003. AUTHORITY TO REGULATE; ADOPTION OF RULES. (a)
Except as provided by Subsection (b), the commissioners court of
the county by order may authorize the county fire marshal of a
county to:
(1) propose rules to implement this subchapter; and
(2) in accordance with the rules proposed by the county fire
marshal and adopted by the commissioners court under this
subchapter:
(A) regulate the production, distribution, transport, transfer,
use, and possession of an explosive in the county; and
(B) enforce standards concerning the manufacture,
transportation, transfer, use, handling, and storage of
explosives as necessary for the protection of the public health,
welfare, or safety and of persons possessing, handling, and using
explosives.
(b) The commissioners court may not adopt a rule under this
chapter that:
(1) authorizes the county fire marshal to regulate the
transportation of explosives if the point of origin and the
destination are outside the county; or
(2) regulates a product or activity licensed or regulated under
Chapter 2154, Occupations Code, or a rule adopted under that
chapter.
(c) Rules proposed by the county fire marshal, if adopted by the
commissioners court, must include:
(1) the requirement that a person obtain a permit from the
county fire marshal in accordance with this subchapter before the
person may:
(A) produce, distribute, transport, use, or possess an
explosive; or
(B) maintain a permanent storage magazine;
(2) the establishment of procedures for permit application and
renewal;
(3) the establishment of procedures that include notice to the
permit holder and an opportunity for a hearing, for permit
revocation or suspension if the permit holder violates this
subchapter or a rule adopted under this subchapter;
(4) the establishment of fees in accordance with this subchapter
for the issuance of the permits;
(5) the requirement that persons who produce or transfer
explosives keep records of the explosives produced or
transferred; and
(6) the requirement that a label be affixed to each unit of
explosive in the county stating the type, class, and serial or
control number of the explosive.
(d) The rules may not conflict with generally accepted standards
of safety concerning explosives and must conform to published
standards of the Institute of Makers of Explosives.
(e) The county fire marshal shall provide a copy of the rules to
a person on request and may assess a reasonable fee for the copy.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 235.003 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990. Amended by Acts
1997, 75th Leg., ch. 929, Sec. 2, eff. Sept. 1, 1997. Renumbered
from Sec. 236.003 and amended by Acts 2001, 77th Leg., ch; 1420,
Sec. 12.003(8), 14.824, eff. Sept. 1, 2001.
Sec. 235.004. PERMIT REQUIRED; EXCEPTION. (a) In a county in
which the county fire marshal regulates explosives under this
subchapter, a person, including a common, contract, or private
carrier, may not produce, distribute, transport, transfer, use,
or possess an explosive without a permit issued in accordance
with this subchapter.
(b) A person who is employed by and acts under the personal
supervision of a blaster having a permit issued in accordance
with this subchapter may, without a permit, load, unload,
detonate, or otherwise effect the explosion of an explosive under
the personal supervision of the blaster.
(c) Common carrier railroads subject to the provisions of the
Federal Railway Safety Act of 1970, as amended, shall not be
subject to the provisions of this subchapter.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 235.004 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990. Amended by Acts
1997, 75th Leg., ch. 929, Sec. 3, eff. Sept. 1, 1997. Renumbered
from Sec. 236.004 and amended by Acts 2001, 77th Leg., ch; 1420,
Sec. 12.003(8), eff. Sept. 1, 2001.
Sec. 235.005. PERMIT FEES. (a) The county fire marshal of a
county who regulates explosives under this subchapter may assess
the fees for the issuance or renewal of a permit under this
subchapter in reasonable amounts set by the commissioners court.
(b) The county fire marshal shall remit all fees received under
this subchapter to the county treasurer to be deposited to the
credit of the general fund of the county.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 235.005 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990. Amended by Acts
1997, 75th Leg., ch. 929, Sec. 4, eff. Sept. 1, 1997. Renumbered
from Sec. 236.005 and amended by Acts 2001, 77th Leg., ch; 1420,
Sec. 12.003(8), eff. Sept. 1, 2001.
Sec. 235.006. CRIMINAL PENALTY. (a) A person who violates this
subchapter or an order of the commissioners court or a rule
adopted under this subchapter commits an offense.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., ch. 1264, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 235.006 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(20), eff. Sept. 6, 1990. Renumbered from
Sec. 236.006 and amended by Acts 2001, 77th Leg., ch; 1420, Sec.
12.003(8), eff. Sept. 1, 2001.
SUBCHAPTER B. FIREARMS
Sec. 235.021. SUBDIVISIONS COVERED BY SUBCHAPTER. This
subchapter applies only to a subdivision all or a part of which
is located in the unincorporated area of a county and for which a
plat is required to be prepared and filed under Chapter 232.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28,
1989. Renumbered from Sec. 240.021 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(9), eff. Sept. 1, 2001.
Sec. 235.022. AUTHORITY TO REGULATE. To promote the public
safety, the commissioners court of a county by order may prohibit
or otherwise regulate the discharge of firearms on lots that are
10 acres or smaller and are located in the unincorporated area of
the county in a subdivision.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28,
1989. Renumbered from Sec. 240.022 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(9), eff. Sept. 1, 2001.
Sec. 235.023. PROHIBITED REGULATIONS. This subchapter does not
authorize the commissioners court to regulate the transfer,
ownership, possession, or transportation of firearms and does not
authorize the court to require the registration of firearms.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28,
1989. Renumbered from Sec. 240.023 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(9), eff. Sept. 1, 2001.
Sec. 235.024. INJUNCTION. Any person is entitled to appropriate
injunctive relief to prevent a violation or threatened violation
of a prohibition or other regulation adopted under this
subchapter from continuing or occurring.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28,
1989. Renumbered from Sec. 240.024 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(9), eff. Sept. 1, 2001.
Sec. 235.025. CRIMINAL PENALTY. A person commits an offense if
the person intentionally or knowingly engages in conduct that is
a violation of a regulation adopted under this subchapter by the
commissioners court. An offense under this section is a Class C
misdemeanor. If it is shown on the trial of an offense under this
section that the person has previously been convicted of an
offense under this section, the offense is a Class B misdemeanor.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 55(a), eff. Aug. 28,
1989. Renumbered from Sec. 240.025 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(9), eff. Sept. 1, 2001.
SUBCHAPTER C. BOWS AND ARROWS
Sec. 235.041. SUBDIVISIONS COVERED BY SUBCHAPTER. This
subchapter applies only to a subdivision all or a part of which
is located in the unincorporated area of a county and for which a
plat is required to be prepared and filed under Chapter 232.
Added by Acts 1993, 73rd Leg., ch. 334, Sec. 1, eff. May 29,
1993. Renumbered from Sec. 240.041 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(10), eff. Sept. 1, 2001.
Sec. 235.042. AUTHORITY TO REGULATE. (a) To promote the public
safety, the commissioners court of a county by order may prohibit
or otherwise regulate hunting with bows and arrows on lots that
are 10 acres or smaller and are located in the unincorporated
area of the county in a subdivision.
(b) In this section, "hunting" means to hunt as defined by
Section 1.101, Parks and Wildlife Code.
Added by Acts 1993, 73rd Leg., ch. 334, Sec. 1, eff. May 29,
1993. Renumbered from Sec. 240.042 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(10), eff. Sept. 1, 2001.
Sec. 235.043. PROHIBITED REGULATIONS. This subchapter does not
authorize the commissioners court to regulate the transfer,
ownership, possession, or transportation of bows and arrows and
does not authorize the court to require the registration of bows
and arrows.
Added by Acts 1993, 73rd Leg., ch. 334, Sec. 1, eff. May 29,
1993. Renumbered from Sec. 240.043 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(10), eff. Sept. 1, 2001.
Sec. 235.044. INJUNCTION. Any person is entitled to appropriate
injunctive relief to prevent a violation or threatened violation
of a prohibition or other regulation adopted under this
subchapter from continuing or occurring.
Added by Acts 1993, 73rd Leg., ch. 334, Sec. 1, eff. May 29,
1993. Renumbered from Sec. 240.044 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(10), eff. Sept. 1, 2001.
Sec. 235.045. CRIMINAL PENALTY. A person commits an offense if
the person intentionally or knowingly engages in conduct that is
a violation of a regulation adopted under this subchapter by the
commissioners court. An offense under this section is a Class C
misdemeanor. If it is shown on the trial of an offense under this
section that the person has previously been convicted of an
offense under this section, the offense is a Class B misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 334, Sec. 1, eff. May 29,
1993. Renumbered from Sec. 240.045 by Acts 2001, 77th Leg., ch.
1420, Sec. 12.003(10), eff. Sept. 1, 2001.