Texas 2009 - 81st Regular

Texas Senate Bill SB1742

Filed
 
Out of Senate Committee
4/6/09  
Voted on by Senate
4/16/09  
Out of House Committee
5/22/09  
Voted on by House
5/27/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
6/1/09  

Caption

Relating to the regulation of the discharge of firearms and certain other weapons by certain municipalities.

Impact

The implications of SB1742 signify a shift towards greater state control over local municipal firearm regulations. By limiting the ability of municipalities to enforce their own rules regarding where and how firearms can be discharged, the bill promotes uniformity across Texas. It creates clearer legal guidelines for landowners regarding their rights to engage in shooting activities on larger properties, thus potentially encouraging recreational shooting in designated areas away from populated regions. However, this could lead to increased noise and safety concerns among residents in areas previously protected by stricter local regulations.

Summary

SB1742 addresses municipal regulations regarding the discharge of firearms and specific other weapons within Texas. The bill amends Section 229.002 of the Local Government Code to restrict municipalities from applying regulations on the discharge of firearms in their extraterritorial jurisdiction or in areas annexed after September 1, 1981. The legislation details specific conditions under which firearms can be discharged without local regulation, which includes considerations of property size and distance from occupied buildings and public lands. This is particularly relevant in rural areas where larger tracts of land may allow for firearm discharge under regulated conditions.

Contention

Notable points of contention surrounding SB1742 include the debate over local control versus state authority. While proponents argue that the bill simplifies regulations and facilitates shooting sports, opponents express concern that it diminishes the power of local governments to protect their communities. Critics fear that by relieving municipalities of their regulatory capabilities, the bill could lead to adverse safety outcomes in areas that may not be equipped to handle increased firearm activity. Additionally, the distances specified in the bill, which delineate where shooting can occur without regulation, raise questions about appropriateness in densely populated areas.

Companion Bills

TX HB3766

Identical Relating to municipal regulation of the discharge of firearms and certain other weapons.

Previously Filed As

TX HB5336

Relating to the powers and duties of Port Freeport; limiting the authority of certain municipalities to regulate land use by Port Freeport; and the creation of a reinvestment zone containing property owned by Port Freeport.

TX HB5012

Relating to the authority of certain municipalities to use certain tax revenue for hotel and convention center projects and other qualified projects.

TX SB1421

Relating to the effect of nuisance actions, other actions, and governmental requirements on certain agricultural operations.

TX HB1526

Relating to parkland dedication for multifamily, hotel, and motel property development by certain municipalities; authorizing a fee.

TX SB627

Relating to the entitlement of certain municipalities to certain tax revenue related to a hotel and convention center project.

TX HB1138

Relating to the prosecution of the criminal offense of reckless discharge of a firearm in certain municipalities and counties.

TX SB2095

Relating to the prosecution of the offense involving the possession or carrying of certain weapons on the premises or property of certain locations.

TX HB3996

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX SB1274

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX SB7

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

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