By: Shapiro, Nelson S.B. No. 1742
(In the Senate - Filed March 11, 2009; March 20, 2009, read
first time and referred to Committee on Intergovernmental
Relations; April 6, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 6, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1742 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of the discharge of firearms and
certain other weapons; providing a criminal penalty.
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) Except as provided by Subsection (b), a [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 1,500 [150] feet from:
(i) a residence or occupied building
located on another property; [and]
(ii) the property line of a public tract of
land, generally accessible by the public, that is routinely used
for organized sporting or recreational activities or that has
permanent recreational facilities or equipment;
(iii) the property line of a residential
subdivision; and
(iv) 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 1,500 [300] feet from:
(i) a residence or occupied building
located on another property; [and]
(ii) the property line of a public tract of
land, generally accessible by the public, that is routinely used
for organized sporting or recreational activities or that has
permanent recreational facilities or equipment;
(iii) the property line of a residential
subdivision; and
(iv) 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
(3) discharged at a sport shooting range, as defined
by Section 250.001, in a manner not reasonably expected to cause a
projectile to cross the boundary of a tract of land.
(b) A municipality may adopt and enforce a regulation
prohibiting or restricting excessive noise from the discharge of a
firearm in the extraterritorial jurisdiction of the municipality or
in an area annexed by the municipality after September 1, 1981.
SECTION 2. Chapter 229, Local Government Code, is amended
by adding Section 229.003 to read as follows:
Sec. 229.003. DISCHARGE OF FIREARM ACROSS PROPERTY LINE;
CRIMINAL PENALTY. (a) In this section, "firearm" means any device
designed, made, or adapted to expel a projectile through a barrel by
using the energy generated by an explosion or burning substance or
any device readily convertible to that use.
(b) A person commits an offense if:
(1) the person knowingly discharges a firearm; and
(2) the projectile from the firearm travels across a
property line of property that is located in the extraterritorial
jurisdiction of a municipality.
(c) An offense under this section is a Class C misdemeanor.
It is a defense to prosecution under this section that the person:
(1) owns the property on both sides of each property
line crossed by the projectile; or
(2) has a written agreement with any person who owns
property on either side of each property line crossed by the
projectile that allows the person to discharge a firearm on, over,
or across the property or property line.
(d) The written agreement required under Subsection (c)(2)
must:
(1) contain the name of the person allowed to
discharge the firearm;
(2) identify the property on either side of the
property line crossed by the projectile; and
(3) be signed by any person who owns the property on
either side of the property line crossed by the projectile.
(e) If conduct constituting an offense under this section
constitutes an offense under a section of the Penal Code, the person
may be prosecuted under either section or both sections.
SECTION 3. 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.
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