By: Wentworth S.B. No. 269
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a county to regulate the use of
1-2 certain weapons in the unincorporated area of a county; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 240, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. REGULATION OF USE OF BOWS AND ARROWS
1-8 Sec. 240.041. SUBDIVISIONS COVERED BY SUBCHAPTER. This
1-9 subchapter applies only to a subdivision all or a part of which is
1-10 located in the unincorporated area of a county and for which a plat
1-11 is required to be prepared and filed under Chapter 232.
1-12 Sec. 240.042. AUTHORITY TO REGULATE. (a) To promote the
1-13 public safety, the commissioners court of a county by order may
1-14 prohibit or otherwise regulate hunting with bows and arrows on lots
1-15 that are 10 acres or smaller and are located in the unincorporated
1-16 area of the county in a subdivision.
1-17 (b) In this section, "hunting" means to hunt as defined by
1-18 Section 1.101, Parks and Wildlife Code.
1-19 Sec. 240.043. PROHIBITED REGULATIONS. This subchapter does
1-20 not authorize the commissioners court to regulate the transfer,
1-21 ownership, possession, or transportation of bows and arrows and
1-22 does not authorize the court to require the registration of bows
1-23 and arrows.
1-24 Sec. 240.044. INJUNCTION. Any person is entitled to
2-1 appropriate injunctive relief to prevent a violation or threatened
2-2 violation of a prohibition or other regulation adopted under this
2-3 subchapter from continuing or occurring.
2-4 Sec. 240.045. CRIMINAL PENALTY. A person commits an offense
2-5 if the person intentionally or knowingly engages in conduct that is
2-6 a violation of a regulation adopted under this subchapter by the
2-7 commissioners court. An offense under this section is a Class C
2-8 misdemeanor. If it is shown on the trial of an offense under this
2-9 section that the person has previously been convicted of an offense
2-10 under this section, the offense is a Class B misdemeanor.
2-11 SECTION 2. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.