By: Shapiro, Nelson S.B. No. 1742
Substitute the following for S.B. No. 1742:
By: Merritt C.S.S.B. No. 1742
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the discharge of firearms and certain
other weapons by certain municipalities; providing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Section 229.003 to read as follows:
Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
located wholly or partly in a county:
(1) with a population of 450,000 or more;
(2) in which all or part of a municipality with a
population of one million or more is located; and
(3) that is located adjacent to a county with a
population of two million or more.
(b) Notwithstanding Section 229.002 and except as provided
by Subsection (c), 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 feet from:
(i) a residence or occupied building
located on another property;
(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;
(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 feet from:
(i) a residence or occupied building
located on another property;
(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.
(c) 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. 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.