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79R9257 MXM-F


By:  Mowery, Hupp, Hardcastle, McReynolds,                        H.B. No. 1364
 
    Geren, et al.                                                            

Substitute the following for H.B. No. 1364:                                   

By:  Cook of Colorado                                         C.S.H.B. No. 1364



A BILL TO BE ENTITLED

AN ACT

relating to municipal regulation of the discharge of firearms and 
certain other weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 251.005, Agriculture Code, is amended by 
amending Subsection (c) and adding Subsection (c-1) to read as 
follows:
	(c)  A governmental requirement of a city does not apply to 
any agricultural operation situated outside the corporate 
boundaries of the city on the effective date of this chapter.  If an 
agricultural operation so situated is subsequently annexed or 
otherwise brought within the corporate boundaries of the city, the 
governmental requirements of the city do not apply to the 
agricultural operation unless the requirement is reasonably 
necessary to protect persons who reside in the immediate vicinity 
or persons on public property in the immediate vicinity of the 
agricultural operation from the danger of:
		(1)  explosion, flooding, vermin, insects, physical 
injury, contagious disease, removal of lateral or subjacent 
support, contamination of water supplies, radiation, storage of 
toxic materials, [discharge of firearms,] or traffic hazards; or
		(2)  discharge of firearms or other weapons, subject to 
the restrictions in Section 229.002, Local Government Code.
	(c-1)  A governmental requirement may be imposed under 
Subsection (c) [this subsection] only after the governing body of 
the city makes findings by resolution that the requirement is 
necessary to protect public health.  Before making findings as to 
the necessity of the requirement, the governing body of the city 
must use the services of the city health officer or employ a 
consultant to prepare a report to identify the health hazards 
related to agricultural operations and determine the necessity of 
regulation and manner in which agricultural operations should be 
regulated.
	SECTION 2.  Section 43.002, Local Government Code, is 
amended by amending Subsection (c) and adding Subsection (d) to 
read as follows:
	(c)  This section does not prohibit a municipality from 
imposing:            
		(1)  a regulation relating to the location of sexually 
oriented businesses, as that term is defined by Section 243.002;
		(2)  a municipal ordinance, regulation, or other 
requirement affecting colonias, as that term is defined by Section 
2306.581, Government Code;
		(3)  a regulation relating to preventing imminent 
destruction of property or injury to persons;
		(4)  a regulation relating to public nuisances;                               
		(5)  a regulation relating to flood control;                                  
		(6)  a regulation relating to the storage and use of 
hazardous substances; or
		(7)  a regulation relating to the sale and use of 
fireworks[; or
		[(8)  a regulation relating to the discharge of 
firearms]. 
	(d)  A regulation relating to the discharge of firearms or 
other weapons is subject to the restrictions in Section 229.002.
	SECTION 3.  Chapter 229, Local Government Code, is amended 
by adding Section 229.002 to read as follows:
	Sec. 229.002.  REGULATION OF DISCHARGE OF WEAPON.  A 
municipality may not apply a regulation relating to the discharge 
of firearms or other weapons in the extraterritorial jurisdiction 
of the municipality or in an area annexed by the municipality after 
September 1, 1981, if the firearm or other weapon is:
		(1)  a shotgun, air rifle or pistol, BB gun, or bow and 
arrow discharged:
			(A)  on a tract of land of 10 acres or more and 
more than 150 feet from a residence or occupied building located on 
another property; and
			(B)  in a manner not reasonably expected to cause 
a projectile to cross the boundary of the tract; or
		(2)  a center fire or rim fire rifle or pistol of any 
caliber discharged:
			(A)  on a tract of land of 50 acres or more and 
more than 300 feet from a residence or occupied building located on 
another property; and
			(B)  in a manner not reasonably expected to cause 
a projectile to cross the boundary of the tract.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.