| 1 | 1 | | By: Geren (Senate Sponsor - Harris) H.B. No. 2127 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2011; |
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| 3 | 3 | | May 9, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Agriculture and Rural Affairs; May 17, 2011, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 4, Nays 0; May 17, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the municipal regulation of the discharge of firearms |
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| 11 | 11 | | and certain other weapons in certain counties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 229, Local Government Code, is amended |
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| 14 | 14 | | by adding Section 229.004 to read as follows: |
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| 15 | 15 | | Sec. 229.004. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN |
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| 16 | 16 | | MUNICIPALITIES. (a) This section applies only to a municipality |
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| 17 | 17 | | located in a county in which the majority of the population of two |
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| 18 | 18 | | or more municipalities with a population of 300,000 or more are |
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| 19 | 19 | | located. |
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| 20 | 20 | | (b) Notwithstanding Section 229.002, a municipality may not |
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| 21 | 21 | | apply a regulation relating to the discharge of firearms or other |
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| 22 | 22 | | weapons in the extraterritorial jurisdiction of the municipality or |
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| 23 | 23 | | in an area annexed by the municipality on or before September 1, |
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| 24 | 24 | | 1981, if the firearm or other weapon is: |
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| 25 | 25 | | (1) a shotgun, air rifle or pistol, BB gun, or bow and |
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| 26 | 26 | | arrow discharged: |
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| 27 | 27 | | (A) on a tract of land of 100 acres or more and |
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| 28 | 28 | | more than 150 feet from a residence or occupied building located on |
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| 29 | 29 | | another property; and |
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| 30 | 30 | | (B) in a manner not reasonably expected to cause |
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| 31 | 31 | | a projectile to cross the boundary of the tract; or |
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| 32 | 32 | | (2) a center fire or rim fire rifle or pistol of any |
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| 33 | 33 | | caliber discharged: |
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| 34 | 34 | | (A) on a tract of land of 100 acres or more and |
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| 35 | 35 | | more than 300 feet from a residence or occupied building located on |
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| 36 | 36 | | another property; and |
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| 37 | 37 | | (B) in a manner not reasonably expected to cause |
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| 38 | 38 | | a projectile to cross the boundary of the tract. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2011. |
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| 44 | 44 | | * * * * * |
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