Attorney General Opinion. Special Water Districts. Firearms. 3 Statutory Fixes.

Does Attorney General Opinion KP-0089 open the door for river authorities to adopt regulations that prohibit the possession of firearms on river authority parklands?  No. Nej. Nien. Nyett. Never. Not. Going. To. Happen.

What river authority wanted to regulate firearms? The Lavaca- Navidad 

What kind of regualtion was the Lavaca Navidad River Authority considering? a regulation to address the “use, operation, management, administration, and policing” Authority’s water-related park areas 

Did the River Authority think the Parks & Wildlife Code permitted this? Yes, under Section 25.004 & 25.005, Texas Parks & Wildlife Code

The Attorney General said not so fast there special district, you’re not that special? Correct. The Penal Code and the Government Code trump the Parks and Wildlife Code on firearms.

What code sections could be amended to give the river authority that it wants to regulate firearms on its property?

• Penal Code Sections 46.03 and 46.035 to specify that park premises of a river authority are places where fire arms prohibitions may occur
• Parks and Wildlife Code Chapter 25 needs a specific authorization to permit a district to regulate handguns 
• Penal Code subsection 30.07(e) requires an exemption for article XVI, section 59 districts. 
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KP-0089