By: Geren (Senate Sponsor - Harris) H.B. No. 2127
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Agriculture and Rural Affairs; May 17, 2011, reported favorably by
the following vote: Yeas 4, Nays 0; May 17, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the municipal regulation of the discharge of firearms
and certain other weapons in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Section 229.004 to read as follows:
Sec. 229.004. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
located in a county in which the majority of the population of two
or more municipalities with a population of 300,000 or more are
located.
(b) Notwithstanding Section 229.002, a municipality may not
apply a regulation relating to the discharge of firearms or other
weapons in the extraterritorial jurisdiction of the municipality or
in an area annexed by the municipality on or before September 1,
1981, if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) on a tract of land of 100 acres or more and
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; or
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) on a tract of land of 100 acres or more and
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.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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