| 1 | 1 | | 81R10194 NC-F |
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| 2 | 2 | | By: Paxton H.B. No. 3766 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to municipal regulation of the discharge of firearms and |
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| 8 | 8 | | certain other weapons. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 229.002, Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A |
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| 13 | 13 | | municipality may not apply a regulation relating to the discharge |
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| 14 | 14 | | of firearms or other weapons in the extraterritorial jurisdiction |
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| 15 | 15 | | of the municipality or in an area annexed by the municipality after |
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| 16 | 16 | | September 1, 1981, if the firearm or other weapon is: |
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| 17 | 17 | | (1) a shotgun, air rifle or pistol, BB gun, or bow and |
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| 18 | 18 | | arrow discharged: |
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| 19 | 19 | | (A) on a tract of land of 10 acres or more and |
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| 20 | 20 | | more than: |
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| 21 | 21 | | (i) 1,000 [150] feet from an [a residence |
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| 22 | 22 | | or] occupied building, including a residence, located on another |
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| 23 | 23 | | property; and |
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| 24 | 24 | | (ii) 1,500 feet from: |
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| 25 | 25 | | (a) an occupied building that is a |
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| 26 | 26 | | school, day-care facility, nursing home facility, or adult day-care |
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| 27 | 27 | | facility located on another property; |
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| 28 | 28 | | (b) the property line of a public |
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| 29 | 29 | | tract of land used for outdoor recreation; |
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| 30 | 30 | | (c) the property line of a residential |
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| 31 | 31 | | subdivision; and |
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| 32 | 32 | | (d) the property line of a multifamily |
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| 33 | 33 | | residential complex; and |
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| 34 | 34 | | (B) in a manner not reasonably expected to cause |
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| 35 | 35 | | a projectile to cross the boundary of the tract; or |
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| 36 | 36 | | (2) a center fire or rim fire rifle or pistol of any |
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| 37 | 37 | | caliber discharged: |
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| 38 | 38 | | (A) on a tract of land of 50 acres or more and |
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| 39 | 39 | | more than: |
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| 40 | 40 | | (i) 1,000 [300] feet from an [a residence |
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| 41 | 41 | | or] occupied building, including a residence, located on another |
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| 42 | 42 | | property; and |
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| 43 | 43 | | (ii) 1,500 feet from: |
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| 44 | 44 | | (a) an occupied building that is a |
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| 45 | 45 | | school, day-care facility, nursing home facility, or adult day-care |
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| 46 | 46 | | facility located on another property; |
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| 47 | 47 | | (b) the property line of a public |
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| 48 | 48 | | tract of land used for outdoor recreation; |
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| 49 | 49 | | (c) the property line of a residential |
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| 50 | 50 | | subdivision; and |
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| 51 | 51 | | (d) the property line of a multifamily |
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| 52 | 52 | | residential complex; and |
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| 53 | 53 | | (B) in a manner not reasonably expected to cause |
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| 54 | 54 | | a projectile to cross the boundary of the tract. |
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| 55 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2009. |
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