S.B. No. 1742
AN ACT
relating to the regulation of the discharge of firearms and certain
other weapons by certain municipalities.
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, 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:
(i) more than 1,000 feet from:
(a) 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; and
(b) the property line of a school,
hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential
subdivision; and
(b) the property line of a multifamily
residential complex; and
(iii) more than 150 feet from a residence or
occupied building located on another property; 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:
(i) more than 1,000 feet from:
(a) 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; and
(b) the property line of a school,
hospital, or commercial day-care facility;
(ii) more than 600 feet from:
(a) the property line of a residential
subdivision; and
(b) the property line of a multifamily
residential complex; and
(iii) more than 300 feet from a residence or
occupied building located on another property; 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.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1742 passed the Senate on
April 16, 2009, by the following vote: Yeas 31, Nays 0;
May 29, 2009, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 30, 2009, House
granted request of the Senate; June 1, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1742 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 147,
Nays 1, one present not voting; May 30, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2009, House adopted Conference Committee Report by the
following vote: Yeas 140, Nays 4, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor