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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal regulation of the discharge of firearms and |
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certain other weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 229.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A |
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municipality may not apply a regulation relating to the discharge |
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of firearms or other weapons in the extraterritorial jurisdiction |
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of the municipality or in an area annexed by the municipality after |
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September 1, 1981, if the firearm or other weapon is: |
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(1) a shotgun, air rifle or pistol, BB gun, or bow and |
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arrow discharged: |
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(A) on a tract of land of 10 acres or more and |
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more than: |
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(i) 1,000 [150] feet from an [a residence
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or] occupied building, including a residence, located on another |
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property; and |
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(ii) 1,500 feet from: |
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(a) an occupied building that is a |
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school, day-care facility, nursing home facility, or adult day-care |
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facility located on another property; |
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(b) the property line of a public |
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tract of land used for outdoor recreation; |
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(c) the property line of a residential |
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subdivision; and |
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(d) the property line of a multifamily |
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residential complex; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract; or |
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(2) a center fire or rim fire rifle or pistol of any |
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caliber discharged: |
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(A) on a tract of land of 50 acres or more and |
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more than: |
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(i) 1,000 [300] feet from an [a residence
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or] occupied building, including a residence, located on another |
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property; and |
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(ii) 1,500 feet from: |
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(a) an occupied building that is a |
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school, day-care facility, nursing home facility, or adult day-care |
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facility located on another property; |
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(b) the property line of a public |
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tract of land used for outdoor recreation; |
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(c) the property line of a residential |
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subdivision; and |
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(d) the property line of a multifamily |
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residential complex; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |