Texas 2009 - 81st Regular

Texas Senate Bill SB1742 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1742
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of the discharge of firearms and certain
6	6	other weapons by certain municipalities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 229, Local Government Code, is amended
9	9	by adding Section 229.003 to read as follows:
10	10	Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN
11	11	MUNICIPALITIES. (a) This section applies only to a municipality
12	12	located wholly or partly in a county:
13	13	(1) with a population of 450,000 or more;
14	14	(2) in which all or part of a municipality with a
15	15	population of one million or more is located; and
16	16	(3) that is located adjacent to a county with a
17	17	population of two million or more.
18	18	(b) Notwithstanding Section 229.002, a municipality may not
19	19	apply a regulation relating to the discharge of firearms or other
20	20	weapons in the extraterritorial jurisdiction of the municipality or
21	21	in an area annexed by the municipality after September 1, 1981, if
22	22	the firearm or other weapon is:
23	23	(1) a shotgun, air rifle or pistol, BB gun, or bow and
24	24	arrow discharged:
25	25	(A) on a tract of land of 10 acres or more and:
26	26	(i) more than 1,000 feet from:
27	27	(a) the property line of a public
28	28	tract of land, generally accessible by the public, that is
29	29	routinely used for organized sporting or recreational activities or
30	30	that has permanent recreational facilities or equipment; and
31	31	(b) the property line of a school,
32	32	hospital, or commercial day-care facility;
33	33	(ii) more than 600 feet from:
34	34	(a) the property line of a residential
35	35	subdivision; and
36	36	(b) the property line of a multifamily
37	37	residential complex; and
38	38	(iii) more than 150 feet from a residence or
39	39	occupied building located on another property; and
40	40	(B) in a manner not reasonably expected to cause
41	41	a projectile to cross the boundary of the tract;
42	42	(2) a center fire or rim fire rifle or pistol of any
43	43	caliber discharged:
44	44	(A) on a tract of land of 50 acres or more and:
45	45	(i) more than 1,000 feet from:
46	46	(a) the property line of a public
47	47	tract of land, generally accessible by the public, that is
48	48	routinely used for organized sporting or recreational activities or
49	49	that has permanent recreational facilities or equipment; and
50	50	(b) the property line of a school,
51	51	hospital, or commercial day-care facility;
52	52	(ii) more than 600 feet from:
53	53	(a) the property line of a residential
54	54	subdivision; and
55	55	(b) the property line of a multifamily
56	56	residential complex; and
57	57	(iii) more than 300 feet from a residence or
58	58	occupied building located on another property; and
59	59	(B) in a manner not reasonably expected to cause
60	60	a projectile to cross the boundary of the tract; or
61	61	(3) discharged at a sport shooting range, as defined
62	62	by Section 250.001, in a manner not reasonably expected to cause a
63	63	projectile to cross the boundary of a tract of land.
64	64	SECTION 2. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2009.
69	69	______________________________ ______________________________
70	70	President of the Senate Speaker of the House
71	71	I hereby certify that S.B. No. 1742 passed the Senate on
72	72	April 16, 2009, by the following vote: Yeas 31, Nays 0;
73	73	May 29, 2009, Senate refused to concur in House amendment and
74	74	requested appointment of Conference Committee; May 30, 2009, House
75	75	granted request of the Senate; June 1, 2009, Senate adopted
76	76	Conference Committee Report by the following vote: Yeas 31,
77	77	Nays 0.
78	78	______________________________
79	79	Secretary of the Senate
80	80	I hereby certify that S.B. No. 1742 passed the House, with
81	81	amendment, on May 27, 2009, by the following vote: Yeas 147,
82	82	Nays 1, one present not voting; May 30, 2009, House granted request
83	83	of the Senate for appointment of Conference Committee;
84	84	May 31, 2009, House adopted Conference Committee Report by the
85	85	following vote: Yeas 140, Nays 4, two present not voting.
86	86	______________________________
87	87	Chief Clerk of the House
88	88	Approved:
89	89	______________________________
90	90	Date
91	91	______________________________
92	92	Governor