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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill No. 1742 (the regulation of the discharge of firearms |
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and certain other weapons by certain municipalities) to consider |
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and take action on the following matters: |
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(1) Senate Rules 12.03(1), (2), and (3) are suspended to |
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permit the committee to change text not in disagreement and to |
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add text in proposed Subdivisions (1) and (2), Subsection (b), |
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Section 229.003, Local Government Code, so that the subdivisions |
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read as follows: |
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(1) a shotgun, air rifle or pistol, BB gun, or bow |
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and 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 |
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or 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 |
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residential subdivision; and |
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(b) the property line of a |
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multifamily residential complex; and |
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(iii) more than 150 feet from a residence |
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or occupied building located on another property; and |
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(B) in a manner not reasonably expected to |
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cause 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 |
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or 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 |
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residential subdivision; and |
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(b) the property line of a |
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multifamily residential complex; and |
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(iii) more than 300 feet from a residence |
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or occupied building located on another property; and |
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(B) in a manner not reasonably expected to |
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cause a projectile to cross the boundary of the tract; or |
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Explanation: The changes in text are necessary to limit |
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the areas in which certain municipalities can regulate the |
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discharge of certain weapons. The additions are necessary to |
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include the areas around schools, hospitals, and commercial |
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day-care facilities in the areas in which certain municipalities |
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can regulate the discharge of certain weapons. |
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(2) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in proposed Subsection |
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(c), Section 229.003, Local Government Code, in the house version |
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of the bill and in proposed Subsection (b), Section 229.002, |
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Local Government Code, in the senate version of the bill, that |
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reads as follows: |
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A municipality may adopt and enforce a regulation |
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prohibiting or restricting excessive noise from the discharge of |
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a firearm in the extraterritorial jurisdiction of the |
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municipality or in an area annexed by the municipality after |
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September 1, 1981. |
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Explanation: This omission is necessary so that the Act |
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does not permit certain municipalities to adopt and enforce a |
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regulation prohibiting or restricting excessive noise from the |
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discharge of a firearm in certain areas. |
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________________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on June 1, 2009. |
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________________________________ |
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Secretary of the Senate |