| |
| |
|
|
R E S O L U T I O N
|
|
|
BE IT RESOLVED by the House of Representatives of the State of |
|
|
Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, |
|
|
Section 9(a), be suspended in part as provided by House Rule 13, |
|
|
Section 9(f), to enable the conference committee appointed to |
|
|
resolve the differences on Senate Bill 1742 (the regulation of the |
|
|
discharge of firearms and certain other weapons by certain |
|
|
municipalities) to consider and take action on the following |
|
|
matters: |
|
|
(1) House Rule 13, Sections 9(a)(1), (2), and (3), are |
|
|
suspended to permit the committee to change text not in |
|
|
disagreement and to add text in proposed Sections 229.003(b)(1) and |
|
|
(2), Local Government Code, so that the subdivisions read as |
|
|
follows: |
|
|
(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: |
|
|
(i) more than 1,000 feet from: |
|
|
(a) the property line of a public |
|
|
tract of land, generally accessible by the public, that is |
|
|
routinely used for organized sporting or recreational activities or |
|
|
that has permanent recreational facilities or equipment; and |
|
|
(b) the property line of a school, |
|
|
hospital, or commercial day-care facility; |
|
|
(ii) more than 600 feet from: |
|
|
(a) the property line of a residential |
|
|
subdivision; and |
|
|
(b) the property line of a multifamily |
|
|
residential complex; and |
|
|
(iii) 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; |
|
|
(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: |
|
|
(i) more than 1,000 feet from: |
|
|
(a) the property line of a public |
|
|
tract of land, generally accessible by the public, that is |
|
|
routinely used for organized sporting or recreational activities or |
|
|
that has permanent recreational facilities or equipment; and |
|
|
(b) the property line of a school, |
|
|
hospital, or commercial day-care facility; |
|
|
(ii) more than 600 feet from: |
|
|
(a) the property line of a residential |
|
|
subdivision; and |
|
|
(b) the property line of a multifamily |
|
|
residential complex; and |
|
|
(iii) 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; or |
|
|
Explanation: The changes in text are necessary to limit the |
|
|
areas in which certain municipalities can regulate the discharge of |
|
|
certain weapons. The additions are necessary to include the areas |
|
|
around schools, hospitals, and commercial day-care facilities in |
|
|
the areas in which certain municipalities can regulate the |
|
|
discharge of certain weapons. |
|
|
(2) House Rule 13, Section 9(a)(2), is suspended to permit |
|
|
the committee to omit text not in disagreement in proposed Section |
|
|
229.003(c), Local Government Code, in the house version of the bill |
|
|
and in proposed Section 229.002(b), Local Government Code, in the |
|
|
senate version of the bill, that reads as follows: |
|
|
A municipality may adopt and enforce a regulation prohibiting |
|
|
or restricting excessive noise from the discharge of a firearm in |
|
|
the extraterritorial jurisdiction of the municipality or in an area |
|
|
annexed by the municipality after September 1, 1981. |
|
|
Explanation: This omission is necessary so that the Act does |
|
|
not permit certain municipalities to adopt and enforce a regulation |
|
|
prohibiting or restricting excessive noise from the discharge of a |
|
|
firearm in certain areas. |
| |
|
|
Paxton |
|
|
|
|
|
______________________________ |
|
|
Speaker of the House |
| |
|
|
I certify that H.R. No. 2924 was adopted by the House on May |
|
|
31, 2009, by the following vote: Yeas 141, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |