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AN ACT
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relating to the regulation of the discharge of firearms and certain |
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other weapons by certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 229, Local Government Code, is amended |
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by adding Section 229.003 to read as follows: |
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Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN |
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MUNICIPALITIES. (a) This section applies only to a municipality |
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located wholly or partly in a county: |
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(1) with a population of 450,000 or more; |
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(2) in which all or part of a municipality with a |
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population of one million or more is located; and |
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(3) that is located adjacent to a county with a |
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population of two million or more. |
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(b) Notwithstanding Section 229.002, a municipality may not |
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apply a regulation relating to the discharge of firearms or other |
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weapons in the extraterritorial jurisdiction of the municipality or |
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in an area annexed by the municipality after September 1, 1981, if |
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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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(i) more than 1,000 feet from: |
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(a) the property line of a public |
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tract of land, generally accessible by the public, that is |
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routinely used for organized sporting or recreational activities or |
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that has permanent recreational facilities or equipment; and |
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(b) the property line of a school, |
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hospital, or commercial day-care facility; |
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(ii) more than 600 feet from: |
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(a) the property line of a residential |
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subdivision; and |
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(b) the property line of a multifamily |
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residential complex; and |
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(iii) more than 150 feet from a residence or |
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occupied building located on another property; 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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(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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(i) more than 1,000 feet from: |
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(a) the property line of a public |
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tract of land, generally accessible by the public, that is |
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routinely used for organized sporting or recreational activities or |
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that has permanent recreational facilities or equipment; and |
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(b) the property line of a school, |
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hospital, or commercial day-care facility; |
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(ii) more than 600 feet from: |
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(a) the property line of a residential |
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subdivision; and |
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(b) the property line of a multifamily |
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residential complex; and |
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(iii) more than 300 feet from a residence or |
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occupied building located on another property; 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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(3) discharged at a sport shooting range, as defined |
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by Section 250.001, in a manner not reasonably expected to cause a |
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projectile to cross the boundary of a tract of land. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1742 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0; |
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May 29, 2009, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; June 1, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1742 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 147, |
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Nays 1, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 140, Nays 4, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |