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BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 1364

                                                                                                                                        By: Mowery

                                                                                                          Land & Resource Management

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, if a municipality annexes property the regulations of the municipality will apply.  In some parts of the states, large tracts of land that have traditionally been used for hunting leases have been annexed.  Upon the annexation, the municipality frequently informs the owners of these large tracts that they can no longer discharge firearms on the property, thereby ending their right to lease their property for hunting.  Many owners of these large tracts depend on the revenue generated from their hunting leases. 

 

The purpose of C.S.H.B. 1364 is to prevent municipalities from restricting the discharge of firearms on recently annexed tracts of land under certain conditions that protect the public safety.

 

RULEMAKING AUTHORITY

 

It is the opinion of the committee that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency.

 

ANALYSIS

 

SECTION 1.               Amends Section 251.005(c), Agriculture Code, to make conforming                                                 changes.

 

SECTION 2.               Amends Section 43.002, Local Government Code, to make conforming                                           changes.         

 

SECTION 3.               Amends Chapter 229, Local Government Code, by adding Section                                                   229.002, as follows:

           

                                    Prohibits a municipality from regulating the discharge of firearms in its                                           extraterritorial jurisdiction or certain annexed areas under certain                                                     circumstances:

 

                                                The gun is a shotgun, air rifle or pistol, BB gun or bow and arrow                                                    fired on a tract of land of at least 10 acres, that is more than 150                                                     feet from an occupied building, and in a manner not reasonably                                                  expected to cause the projectile to go outside the tract; or,

 

                                                The gun is a center fire or rim fired rifle or pistol fired on a tract of                                      land of at least 50 acres, that is more than 300 feet from an                                                              occupied building, and in a manner not reasonably expected to                                                           cause the projectile to go outside the tract; or,

 

SECTION 4.               Effective Date.

 

 

EFFECTIVE DATE

 

Effective date is September 1, 2005 or immediately if approved by two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.

 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

SECTION 1.               The substitute makes non-substantive clarifying changes from the original.

 

SECTION 2.               The substitute adds a new SECTION 2. that amends Section 43.002, Local                                    Government Code to conform with the intent of the bill.

 

SECTION 3.               The substitute changes the date before which municipal authority can be                                         exercised to regulate to September 1, 1981, from September 1, 2005. The                                       purpose of this change was to coincide with the passage of the                                                  Agricultural Protection Act of 1981 that many argue should have                                                     contained protections for wildlife management (hunting). The Attorney                                              General's Office is currently working on an opinion to determine if this is                                          an accurate interpretation.