BILL ANALYSIS

C.S.H.B. 2127

By: Geren

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Many owners of land in certain areas of Texas whose land was annexed after September 1, 1981, are currently authorized to use the land for hunting purposes. Observers note that legislation enacted by a recent legislature granted owners of large tracts of land the ability to discharge firearms on those tracts of land and to lease the land for hunting purposes while still maintaining public safety and the protection of surrounding hospitals, parks, schools, and residential areas.  Interested parties contend that the scope of this authorization should be expanded so that additional landowners in certain areas may use land in the same manner without jeopardizing public safety or compromising the public's welfare. C.S.H.B. 2127 seeks to change statutes relating to the municipal regulation of the discharge of firearms and certain other weapons in certain counties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2127 amends the Local Government Code to prohibit a municipality located in a county in which the majority of the population of two or more municipalities with a population of 300,000 or more are located from applying a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality, or in an area annexed by the municipality on or before September 1, 1981, if the firearm or other weapon is a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged on a tract of land of 100 acres or more and more than 150 feet from a residence or occupied building located on another property and in a manner not reasonably expected to cause a projectile to cross the boundary of the tract or if the firearm or other weapon is a center fire or rim fire rifle or pistol of any caliber discharged on a tract of land of 100 acres or more and more than 300 feet from a residence or occupied building located on another property and in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2127 omits a provision contained in the original increasing from 450,000 to 700,000 the population of a municipality to which the prohibition against regulating the discharge of firearms and certain other weapons in the extraterritorial jurisdiction of or certain area annexed by the municipality applies.  The substitute differs from the original by making the prohibition against a municipality located in a county that meets certain population-related criteria applying a regulation relating to the discharge of firearms or certain other weapons apply with respect to the extraterritorial jurisdiction of the municipality or an area annexed by the municipality on or before September 1, 1981, whereas the original makes the prohibition apply only with respect to the extraterritorial jurisdiction of the municipality.