81R38187 NC-D
By: Shapiro S.R. No. 1077
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 1742 (the regulation of the discharge of firearms and certain
other weapons by certain municipalities) to consider and take
action on the following matters:
(1) Senate Rules 12.03(1), (2), and (3) are suspended to
permit the committee to change text not in disagreement and to add
text in proposed Sections 229.003(b)(1) and (2), Local Government
Code, so that the subdivisions read as follows:
(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
Explanation: The changes in text are necessary to limit the
areas in which certain municipalities can regulate the discharge of
certain weapons. The additions are necessary to include the areas
around schools, hospitals, and commercial day-care facilities in
the areas in which certain municipalities can regulate the
discharge of certain weapons.
(2) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in proposed Section
229.003(c), Local Government Code, in the house version of the bill
and in proposed Section 229.002(b), Local Government Code, in the
senate version of the bill, that reads as follows:
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.
Explanation: This omission is necessary so that the Act does
not permit certain municipalities to adopt and enforce a regulation
prohibiting or restricting excessive noise from the discharge of a
firearm in certain areas.