1 | 1 | | H.R. No. 2924 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | R E S O L U T I O N |
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5 | 5 | | BE IT RESOLVED by the House of Representatives of the State of |
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6 | 6 | | Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, |
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7 | 7 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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8 | 8 | | Section 9(f), to enable the conference committee appointed to |
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9 | 9 | | resolve the differences on Senate Bill 1742 (the regulation of the |
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10 | 10 | | discharge of firearms and certain other weapons by certain |
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11 | 11 | | municipalities) to consider and take action on the following |
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12 | 12 | | matters: |
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13 | 13 | | (1) House Rule 13, Sections 9(a)(1), (2), and (3), are |
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14 | 14 | | suspended to permit the committee to change text not in |
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15 | 15 | | disagreement and to add text in proposed Sections 229.003(b)(1) and |
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16 | 16 | | (2), Local Government Code, so that the subdivisions read as |
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17 | 17 | | follows: |
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18 | 18 | | (1) a shotgun, air rifle or pistol, BB gun, or bow and |
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19 | 19 | | arrow discharged: |
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20 | 20 | | (A) on a tract of land of 10 acres or more and: |
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21 | 21 | | (i) more than 1,000 feet from: |
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22 | 22 | | (a) the property line of a public |
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23 | 23 | | tract of land, generally accessible by the public, that is |
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24 | 24 | | routinely used for organized sporting or recreational activities or |
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25 | 25 | | that has permanent recreational facilities or equipment; and |
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26 | 26 | | (b) the property line of a school, |
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27 | 27 | | hospital, or commercial day-care facility; |
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28 | 28 | | (ii) more than 600 feet from: |
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29 | 29 | | (a) the property line of a residential |
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30 | 30 | | subdivision; and |
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31 | 31 | | (b) the property line of a multifamily |
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32 | 32 | | residential complex; and |
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33 | 33 | | (iii) more than 150 feet from a residence or |
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34 | 34 | | occupied building located on another property; and |
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35 | 35 | | (B) in a manner not reasonably expected to cause |
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36 | 36 | | a projectile to cross the boundary of the tract; |
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37 | 37 | | (2) a center fire or rim fire rifle or pistol of any |
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38 | 38 | | caliber discharged: |
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39 | 39 | | (A) on a tract of land of 50 acres or more and: |
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40 | 40 | | (i) more than 1,000 feet from: |
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41 | 41 | | (a) the property line of a public |
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42 | 42 | | tract of land, generally accessible by the public, that is |
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43 | 43 | | routinely used for organized sporting or recreational activities or |
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44 | 44 | | that has permanent recreational facilities or equipment; and |
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45 | 45 | | (b) the property line of a school, |
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46 | 46 | | hospital, or commercial day-care facility; |
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47 | 47 | | (ii) more than 600 feet from: |
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48 | 48 | | (a) the property line of a residential |
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49 | 49 | | subdivision; and |
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50 | 50 | | (b) the property line of a multifamily |
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51 | 51 | | residential complex; and |
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52 | 52 | | (iii) more than 300 feet from a residence or |
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53 | 53 | | occupied building located on another property; and |
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54 | 54 | | (B) in a manner not reasonably expected to cause |
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55 | 55 | | a projectile to cross the boundary of the tract; or |
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56 | 56 | | Explanation: The changes in text are necessary to limit the |
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57 | 57 | | areas in which certain municipalities can regulate the discharge of |
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58 | 58 | | certain weapons. The additions are necessary to include the areas |
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59 | 59 | | around schools, hospitals, and commercial day-care facilities in |
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60 | 60 | | the areas in which certain municipalities can regulate the |
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61 | 61 | | discharge of certain weapons. |
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62 | 62 | | (2) House Rule 13, Section 9(a)(2), is suspended to permit |
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63 | 63 | | the committee to omit text not in disagreement in proposed Section |
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64 | 64 | | 229.003(c), Local Government Code, in the house version of the bill |
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65 | 65 | | and in proposed Section 229.002(b), Local Government Code, in the |
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66 | 66 | | senate version of the bill, that reads as follows: |
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67 | 67 | | A municipality may adopt and enforce a regulation prohibiting |
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68 | 68 | | or restricting excessive noise from the discharge of a firearm in |
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69 | 69 | | the extraterritorial jurisdiction of the municipality or in an area |
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70 | 70 | | annexed by the municipality after September 1, 1981. |
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71 | 71 | | Explanation: This omission is necessary so that the Act does |
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72 | 72 | | not permit certain municipalities to adopt and enforce a regulation |
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73 | 73 | | prohibiting or restricting excessive noise from the discharge of a |
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74 | 74 | | firearm in certain areas. |
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75 | 75 | | Paxton |
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76 | 76 | | ______________________________ |
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77 | 77 | | Speaker of the House |
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78 | 78 | | I certify that H.R. No. 2924 was adopted by the House on May |
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79 | 79 | | 31, 2009, by the following vote: Yeas 141, Nays 0, 2 present, not |
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80 | 80 | | voting. |
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81 | 81 | | ______________________________ |
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82 | 82 | | Chief Clerk of the House |
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