1 | 1 | | By: Shapiro S.R. No. 1077 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | SENATE RESOLUTION |
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5 | 5 | | BE IT RESOLVED by the Senate of the State of Texas, 81st |
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6 | 6 | | Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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7 | 7 | | suspended in part as provided by Senate Rule 12.08 to enable the |
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8 | 8 | | conference committee appointed to resolve the differences on |
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9 | 9 | | Senate Bill No. 1742 (the regulation of the discharge of firearms |
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10 | 10 | | and certain other weapons by certain municipalities) to consider |
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11 | 11 | | and take action on the following matters: |
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12 | 12 | | (1) Senate Rules 12.03(1), (2), and (3) are suspended to |
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13 | 13 | | permit the committee to change text not in disagreement and to |
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14 | 14 | | add text in proposed Subdivisions (1) and (2), Subsection (b), |
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15 | 15 | | Section 229.003, Local Government Code, so that the subdivisions |
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16 | 16 | | read as follows: |
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17 | 17 | | (1) a shotgun, air rifle or pistol, BB gun, or bow |
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18 | 18 | | and arrow discharged: |
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19 | 19 | | (A) on a tract of land of 10 acres or more and: |
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20 | 20 | | (i) more than 1,000 feet from: |
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21 | 21 | | (a) the property line of a public |
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22 | 22 | | tract of land, generally accessible by the public, that is |
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23 | 23 | | routinely used for organized sporting or recreational activities |
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24 | 24 | | or that has permanent recreational facilities or equipment; and |
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25 | 25 | | (b) the property line of a school, |
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26 | 26 | | hospital, or commercial day-care facility; |
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27 | 27 | | (ii) more than 600 feet from: |
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28 | 28 | | (a) the property line of a |
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29 | 29 | | residential subdivision; and |
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30 | 30 | | (b) the property line of a |
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31 | 31 | | multifamily residential complex; and |
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32 | 32 | | (iii) more than 150 feet from a residence |
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33 | 33 | | or occupied building located on another property; and |
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34 | 34 | | (B) in a manner not reasonably expected to |
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35 | 35 | | cause a projectile to cross the boundary of the tract; |
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36 | 36 | | (2) a center fire or rim fire rifle or pistol of any |
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37 | 37 | | caliber discharged: |
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38 | 38 | | (A) on a tract of land of 50 acres or more and: |
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39 | 39 | | (i) more than 1,000 feet from: |
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40 | 40 | | (a) the property line of a public |
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41 | 41 | | tract of land, generally accessible by the public, that is |
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42 | 42 | | routinely used for organized sporting or recreational activities |
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43 | 43 | | or that has permanent recreational facilities or equipment; and |
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44 | 44 | | (b) the property line of a school, |
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45 | 45 | | hospital, or commercial day-care facility; |
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46 | 46 | | (ii) more than 600 feet from: |
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47 | 47 | | (a) the property line of a |
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48 | 48 | | residential subdivision; and |
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49 | 49 | | (b) the property line of a |
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50 | 50 | | multifamily residential complex; and |
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51 | 51 | | (iii) more than 300 feet from a residence |
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52 | 52 | | or occupied building located on another property; and |
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53 | 53 | | (B) in a manner not reasonably expected to |
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54 | 54 | | cause a projectile to cross the boundary of the tract; or |
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55 | 55 | | Explanation: The changes in text are necessary to limit |
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56 | 56 | | the areas in which certain municipalities can regulate the |
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57 | 57 | | discharge of certain weapons. The additions are necessary to |
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58 | 58 | | include the areas around schools, hospitals, and commercial |
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59 | 59 | | day-care facilities in the areas in which certain municipalities |
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60 | 60 | | can regulate the discharge of certain weapons. |
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61 | 61 | | (2) Senate Rule 12.03(2) is suspended to permit the |
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62 | 62 | | committee to omit text not in disagreement in proposed Subsection |
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63 | 63 | | (c), Section 229.003, Local Government Code, in the house version |
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64 | 64 | | of the bill and in proposed Subsection (b), Section 229.002, |
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65 | 65 | | Local Government Code, in the senate version of the bill, that |
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66 | 66 | | reads as follows: |
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67 | 67 | | A municipality may adopt and enforce a regulation |
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68 | 68 | | prohibiting or restricting excessive noise from the discharge of |
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69 | 69 | | a firearm in the extraterritorial jurisdiction of the |
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70 | 70 | | municipality or in an area annexed by the municipality after |
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71 | 71 | | September 1, 1981. |
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72 | 72 | | Explanation: This omission is necessary so that the Act |
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73 | 73 | | does not permit certain municipalities to adopt and enforce a |
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74 | 74 | | regulation prohibiting or restricting excessive noise from the |
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75 | 75 | | discharge of a firearm in certain areas. |
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76 | 76 | | ________________________________ |
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77 | 77 | | President of the Senate |
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78 | 78 | | I hereby certify that the |
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79 | 79 | | above Resolution was adopted by |
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80 | 80 | | the Senate on June 1, 2009. |
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81 | 81 | | ________________________________ |
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82 | 82 | | Secretary of the Senate |
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