By: Shapiro S.R. No. 1077
SENATE RESOLUTION
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 No. 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 Subdivisions (1) and (2), Subsection (b),
Section 229.003, 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 Subsection
(c), Section 229.003, Local Government Code, in the house version
of the bill and in proposed Subsection (b), Section 229.002,
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.
________________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2009.
________________________________
Secretary of the Senate