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R E S O L U T I O N
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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 Senate |
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Bill 1742 (the regulation of the discharge of firearms and certain |
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other weapons by certain municipalities) to consider and take |
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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 add |
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text in proposed Sections 229.003(b)(1) and (2), Local Government |
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Code, so that the subdivisions read as follows: |
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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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Explanation: The changes in text are necessary to limit the |
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areas in which certain municipalities can regulate the discharge of |
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certain weapons. The additions are necessary to include the areas |
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around schools, hospitals, and commercial day-care facilities in |
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the areas in which certain municipalities can regulate the |
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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 Section |
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229.003(c), Local Government Code, in the house version of the bill |
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and in proposed Section 229.002(b), Local Government Code, in the |
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senate version of the bill, that reads as follows: |
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A municipality may adopt and enforce a regulation prohibiting |
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or restricting excessive noise from the discharge of a firearm in |
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the extraterritorial jurisdiction of the municipality or in an area |
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annexed by the municipality after September 1, 1981. |
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Explanation: This omission is necessary so that the Act does |
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not permit certain municipalities to adopt and enforce a regulation |
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prohibiting or restricting excessive noise from the discharge of a |
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firearm in certain areas. |