Texas Senate Bill SB1742

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/6/09
• Voted on by Senate: 4/16/09
• Out of House Committee: 5/22/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 6/1/09
• Passed: 6/19/09

Caption

Relating to the regulation of the discharge of firearms and certain other weapons by certain municipalities.

Impact

The implications of SB1742 signify a shift towards greater state control over local municipal firearm regulations. By limiting the ability of municipalities to enforce their own rules regarding where and how firearms can be discharged, the bill promotes uniformity across Texas. It creates clearer legal guidelines for landowners regarding their rights to engage in shooting activities on larger properties, thus potentially encouraging recreational shooting in designated areas away from populated regions. However, this could lead to increased noise and safety concerns among residents in areas previously protected by stricter local regulations.

Summary

SB1742 addresses municipal regulations regarding the discharge of firearms and specific other weapons within Texas. The bill amends Section 229.002 of the Local Government Code to restrict municipalities from applying regulations on the discharge of firearms in their extraterritorial jurisdiction or in areas annexed after September 1, 1981. The legislation details specific conditions under which firearms can be discharged without local regulation, which includes considerations of property size and distance from occupied buildings and public lands. This is particularly relevant in rural areas where larger tracts of land may allow for firearm discharge under regulated conditions.

Contention

Notable points of contention surrounding SB1742 include the debate over local control versus state authority. While proponents argue that the bill simplifies regulations and facilitates shooting sports, opponents express concern that it diminishes the power of local governments to protect their communities. Critics fear that by relieving municipalities of their regulatory capabilities, the bill could lead to adverse safety outcomes in areas that may not be equipped to handle increased firearm activity. Additionally, the distances specified in the bill, which delineate where shooting can occur without regulation, raise questions about appropriateness in densely populated areas.