By:  Kuempel                                           H.B. No. 249
       73R1142 LGF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of a county to regulate the use of
    1-3  certain weapons in the unincorporated area of a county; providing a
    1-4  penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 240, Local Government Code, is amended by
    1-7  adding Subchapter C to read as follows:
    1-8          SUBCHAPTER C.  REGULATION OF USE OF BOWS AND ARROWS
    1-9        Sec. 240.041.  SUBDIVISIONS COVERED BY SUBCHAPTER.  This
   1-10  subchapter applies only to a subdivision all or a part of which is
   1-11  located in the unincorporated area of a county and for which a plat
   1-12  is required to be prepared and filed under Chapter 232.
   1-13        Sec. 240.042.  AUTHORITY TO REGULATE.  (a)  To promote the
   1-14  public safety, the commissioners court of a county by order may
   1-15  prohibit or otherwise regulate hunting with bows and arrows on lots
   1-16  that are 10 acres or smaller and are located in the unincorporated
   1-17  area of the county in a subdivision.
   1-18        (b)  In this section, "hunting" means to hunt as defined by
   1-19  Section 1.101, Parks and Wildlife Code.
   1-20        Sec. 240.043.  PROHIBITED REGULATIONS.  This subchapter does
   1-21  not authorize the commissioners court to regulate the transfer,
   1-22  ownership, possession, or transportation of bows and arrows and
   1-23  does not authorize the court to require the registration of bows
   1-24  and arrows.
    2-1        Sec. 240.044.  INJUNCTION.  Any person is entitled to
    2-2  appropriate injunctive relief to prevent a violation or threatened
    2-3  violation of a prohibition or other regulation adopted under this
    2-4  subchapter from continuing or occurring.
    2-5        Sec. 240.045.  CRIMINAL PENALTY.  A person commits an offense
    2-6  if the person intentionally or knowingly engages in conduct that is
    2-7  a violation of a regulation adopted under this subchapter by the
    2-8  commissioners court.  An offense under this section is a Class C
    2-9  misdemeanor.  If it is shown on the trial of an offense under this
   2-10  section that the person has previously been convicted of an offense
   2-11  under this section, the offense is a Class B misdemeanor.
   2-12        SECTION 2.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended,
   2-17  and that this Act take effect and be in force from and after its
   2-18  passage, and it is so enacted.