1-1 By: Wentworth S.B. No. 269 1-2 (In the Senate - Filed February 5, 1993; February 8, 1993, 1-3 read first time and referred to Committee on Natural Resources; 1-4 March 1, 1993, reported favorably by the following vote: Yeas 10, 1-5 Nays 0; March 1, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the authority of a county to regulate the use of 1-22 certain weapons in the unincorporated area of a county; providing a 1-23 penalty. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Chapter 240, Local Government Code, is amended by 1-26 adding Subchapter C to read as follows: 1-27 SUBCHAPTER C. REGULATION OF USE OF BOWS AND ARROWS 1-28 Sec. 240.041. SUBDIVISIONS COVERED BY SUBCHAPTER. This 1-29 subchapter applies only to a subdivision all or a part of which is 1-30 located in the unincorporated area of a county and for which a plat 1-31 is required to be prepared and filed under Chapter 232. 1-32 Sec. 240.042. AUTHORITY TO REGULATE. (a) To promote the 1-33 public safety, the commissioners court of a county by order may 1-34 prohibit or otherwise regulate hunting with bows and arrows on lots 1-35 that are 10 acres or smaller and are located in the unincorporated 1-36 area of the county in a subdivision. 1-37 (b) In this section, "hunting" means to hunt as defined by 1-38 Section 1.101, Parks and Wildlife Code. 1-39 Sec. 240.043. PROHIBITED REGULATIONS. This subchapter does 1-40 not authorize the commissioners court to regulate the transfer, 1-41 ownership, possession, or transportation of bows and arrows and 1-42 does not authorize the court to require the registration of bows 1-43 and arrows. 1-44 Sec. 240.044. INJUNCTION. Any person is entitled to 1-45 appropriate injunctive relief to prevent a violation or threatened 1-46 violation of a prohibition or other regulation adopted under this 1-47 subchapter from continuing or occurring. 1-48 Sec. 240.045. CRIMINAL PENALTY. A person commits an offense 1-49 if the person intentionally or knowingly engages in conduct that is 1-50 a violation of a regulation adopted under this subchapter by the 1-51 commissioners court. An offense under this section is a Class C 1-52 misdemeanor. If it is shown on the trial of an offense under this 1-53 section that the person has previously been convicted of an offense 1-54 under this section, the offense is a Class B misdemeanor. 1-55 SECTION 2. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended, 1-60 and that this Act take effect and be in force from and after its 1-61 passage, and it is so enacted. 1-62 * * * * * 1-63 Austin, 1-64 Texas 1-65 March 1, 1993 1-66 Hon. Bob Bullock 1-67 President of the Senate 1-68 Sir: 2-1 We, your Committee on Natural Resources to which was referred S.B. 2-2 No. 269, have had the same under consideration, and I am instructed 2-3 to report it back to the Senate with the recommendation that it do 2-4 pass and be printed. 2-5 Sims, 2-6 Chairman 2-7 * * * * * 2-8 WITNESSES 2-9 FOR AGAINST ON 2-10 ___________________________________________________________________ 2-11 Name: Wayne D. Justiss x 2-12 Representing: Private Citizen 2-13 City: Canyon Lake 2-14 -------------------------------------------------------------------