79R4742 MXM-F
By: Mowery 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(c), Agriculture Code, is amended
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 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
other weapons, except as provided by Section 229.002, Local
Government Code, or traffic hazards. A governmental requirement
may be imposed under 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. 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, 2005, 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 3. 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.