BILL ANALYSIS
Senate Research Center H.B. 505
79R12449 KCR-D By: Hilderbran (Madla)
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Currently it is not a violation of the law to discharge a firearm across a property line. This may create a very unsafe environment in areas where there are smaller tracks of land.
H.B. 505 makes discharging a firearm across a property line a Class C Parks and Wildlife Code misdemeanor.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 62, Parks and Wildlife Code, by adding Section 62.0121, as follows:
Sec. 62.0121. DISCHARGE OF FIREARM ACROSS PROPERTY LINE. (a) Defines "firearm."
(b) Provides that a person commits an offense if the person, while hunting or engaging in recreational shooting, knowingly discharges a firearm and the projectile from the firearm travels across a property line.
(c) Provides that it is a defense to prosecution under this section that the person owns the property on both sides of each property line crossed by the projectile or has a written agreement with any person who owns property on either side of each property line crossed by the projectile that allows the person to discharge a firearm on, over, or across the property or property line.
(d) Sets forth the requirements for the written agreement with a property owner under this section.
(e) Provides that an offense under this section is a Class C Parks and Wildlife Code misdemeanor.
(f) Authorizes the person, if conduct constituting an offense under this section constitutes an offense under a section of the Penal Code, to be prosecuted under either section or both sections.
SECTION 2. Effective date: September 1, 2005.