83R9254 NC-F
By: Estes S.B. No. 1400
A BILL TO BE ENTITLED
AN ACT
relating to the municipal and county regulation of air guns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.002(d), Local Government Code, is
amended to read as follows:
(d) A regulation relating to the discharge of firearms or
other weapons is subject to the restrictions in Subchapter A,
Chapter 229 [Section 229.002].
SECTION 2. Section 229.001(e), Local Government Code, is
amended to read as follows:
(e) In this section:
(1) "Firearm" does not include an air gun as defined by
Section 229.005.
(2) "Sport [, "sport] shooting range" has the meaning
assigned by Section 250.001.
SECTION 3. Section 229.002, Local Government Code, is
amended to read as follows:
Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. 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 after
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 10 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 50 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 4. Section 229.003(b), Local Government Code, is
amended to read as follows:
(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 after 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 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
(3) discharged at a sport shooting range, as defined
by Section 250.001, in a manner not reasonably expected to cause a
projectile to cross the boundary of a tract of land.
SECTION 5. Section 229.004(b), Local Government Code, is
amended to read as follows:
(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 6. Subchapter A, Chapter 229, Local Government
Code, is amended by adding Section 229.005 to read as follows:
Sec. 229.005. REGULATION OF AIR GUNS. (a) In this section:
(1) "Air gun" means a rifle or pistol that discharges a
projectile by means of compressed air, including a BB gun or a
pellet gun.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(3) "Sport shooting range" has the meaning assigned by
Section 250.001.
(b) A municipality may not adopt or enforce a regulation
relating to:
(1) the transfer, private ownership, keeping,
transportation, use, licensing, or registration of an air gun or an
accessory for an air gun; or
(2) the discharge of an air gun at:
(A) a sport shooting range;
(B) a range associated with:
(i) a Reserve Officers' Training Corps
(ROTC) program of a school, an institution of higher education, or a
private or independent institution of higher education; or
(ii) a hunter education program established
under Section 62.014, Parks and Wildlife Code;
(C) a commercial or sporting event by a
participant in the event;
(D) a private indoor or outdoor range located on
residential property if:
(i) traps are used to capture the
projectile of the air gun;
(ii) any person younger than 18 years of age
discharging the air gun is supervised by a parent or a person 18
years of age or older who is acting in loco parentis; and
(iii) the projectile does not cross the
property line; or
(E) the premises of an agricultural operation as
defined by Section 251.002, Agriculture Code.
SECTION 7. Section 235.022, Local Government Code, is
amended to read as follows:
Sec. 235.022. AUTHORITY TO REGULATE. (a) In this section,
"firearm" does not include an air gun as defined by Section 229.005.
(b) To promote the public safety, the commissioners court of
a county by order may prohibit or otherwise regulate the discharge
of firearms on lots that are 10 acres or smaller and are located in
the unincorporated area of the county in a subdivision.
SECTION 8. Section 236.001, Local Government Code, is
amended to read as follows:
Sec. 236.001. DEFINITION. In this chapter:
(1) "Air gun" has the meaning assigned by Section
229.005.
(2) "Firearm" does not include an air gun.
(3) "Sport [, "sport] shooting range" has the meaning
assigned by Section 250.001.
SECTION 9. Chapter 236, Local Government Code, is amended
by adding Section 236.004 to read as follows:
Sec. 236.004. REGULATION OF AIR GUNS. (a) A county may not
adopt or enforce a regulation relating to:
(1) the transfer, private ownership, keeping,
transportation, use, licensing, or registration of an air gun or an
accessory for an air gun; or
(2) the discharge of an air gun, except as provided by
Subsection (b).
(b) A county may regulate the discharge of an air gun on the
premises of:
(1) a park, playground, museum, or site acquired and
maintained under Chapter 331; or
(2) a facility owned or leased by the county.
SECTION 10. 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, 2013.