81R10194 NC-F
By: Shapiro, Nelson S.B. No. 1742
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of the discharge of firearms and
certain other weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.002, Local Government Code, is
amended to read as follows:
Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A
municipality may not apply a regulation relating to the discharge
of firearms or other weapons in the extraterritorial jurisdiction
of the municipality or in an area annexed by the municipality after
September 1, 1981, if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) on a tract of land of 10 acres or more and
more than:
(i) 1,000 [150] feet from an [a residence
or] occupied building, including a residence, located on another
property; and
(ii) 1,500 feet from:
(a) an occupied building that is a
school, day-care facility, nursing home facility, or adult day-care
facility located on another property;
(b) the property line of a public
tract of land used for outdoor recreation;
(c) the property line of a residential
subdivision; and
(d) the property line of a multifamily
residential complex; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) on a tract of land of 50 acres or more and
more than:
(i) 1,000 [300] feet from an [a residence
or] occupied building, including a residence, located on another
property; and
(ii) 1,500 feet from:
(a) an occupied building that is a
school, day-care facility, nursing home facility, or adult day-care
facility located on another property;
(b) the property line of a public
tract of land used for outdoor recreation;
(c) the property line of a residential
subdivision; and
(d) the property line of a multifamily
residential complex; and
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.