Hot4huntin
04-05-2011, 11:25 PM
...especially in the Metromess..
82R7531 NC-F
By: Geren H.B. No. 2127
A BILL TO BE ENTITLED
AN ACT
relating to the municipal regulation of the discharge of firearms
and certain other weapons in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.003(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a municipality located
wholly or partly in a county:
(1) with a population of 700,000 [changing from 450,000] or more;
(2) in which all or part of a municipality with a
population of one million or more is located; and
(3) that is located adjacent to a county with a
population of two million or more.
SECTION 2. Chapter 229, Local Government Code, is amended
by adding Section 229.004 to read as follows:
Sec. 229.004. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES.
(a) This section applies only to 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.
(b) Notwithstanding Section 229.002, a municipality may not
apply a regulation relating to the discharge of firearms or other
weapons in the extraterritorial jurisdiction of the municipality,
if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) 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
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) 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
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
Current law:
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms within the limits of the municipality;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1, 1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 5, eff. April 27, 2007.
Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A municipality may not apply 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 after September 1, 1981, if the firearm or other weapon is:
(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 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; or
(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 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.
Added by Acts 2005, 79th Leg., Ch. 18, Sec. 4, eff. May 3, 2005.
Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality located wholly or partly in a county:
(1) with a population of 450,000 or more;
(2) in which all or part of a municipality with a population of one million or more is located; and
(3) that is located adjacent to a county with a population of two million or more.
(b) Notwithstanding Section 229.002, a municipality may not apply 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 after September 1, 1981, if the firearm or other weapon is:
(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
(3) discharged at a sport shooting range, as defined by Section 250.001, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land.
Added by Acts 2009, 81st Leg., R.S., Ch. 1230, Sec. 1, eff. June 19, 2009.
I believe this proposed bill has the potential to affect bowhunting, archery clubs, and shooting archery equipment on your own property located on less than 100 acres in municipalities as defined above. The current law excludes "sport shooting ranges", however, the new proposal does not offer the same exclusion. According to the definition of "sport shooting ranges", I am not sure that archery would be included, even if there was an exclusion offered. Obviously, this bill could affect more than archery/bowhunting.
I encourage anyone who may be affected by this proposed bill to contact their local representatives for some clarification.
82R7531 NC-F
By: Geren H.B. No. 2127
A BILL TO BE ENTITLED
AN ACT
relating to the municipal regulation of the discharge of firearms
and certain other weapons in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 229.003(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a municipality located
wholly or partly in a county:
(1) with a population of 700,000 [changing from 450,000] or more;
(2) in which all or part of a municipality with a
population of one million or more is located; and
(3) that is located adjacent to a county with a
population of two million or more.
SECTION 2. Chapter 229, Local Government Code, is amended
by adding Section 229.004 to read as follows:
Sec. 229.004. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES.
(a) This section applies only to 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.
(b) Notwithstanding Section 229.002, a municipality may not
apply a regulation relating to the discharge of firearms or other
weapons in the extraterritorial jurisdiction of the municipality,
if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and
arrow discharged:
(A) 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
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any
caliber discharged:
(A) 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
(B) in a manner not reasonably expected to cause
a projectile to cross the boundary of the tract.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
Current law:
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
CHAPTER 229. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES
Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies.
(b) Subsection (a) does not affect the authority a municipality has under another law to:
(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;
(2) regulate the discharge of firearms within the limits of the municipality;
(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or
(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or other governmental body;
(C) political rally, parade, or official political meeting; or
(D) nonfirearms-related school, college, or professional athletic event.
(c) The exception provided by Subsection (b)(6) does not apply if the firearm is in or is carried to or from an area designated for use in a lawful hunting, fishing, or other sporting event and the firearm is of the type commonly used in the activity.
(d) The exception provided by Subsection (b)(4) does not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.07, eff. Sept. 1, 1997. Renumbered from Sec. 215.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 5, eff. April 27, 2007.
Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A municipality may not apply 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 after September 1, 1981, if the firearm or other weapon is:
(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 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; or
(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 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.
Added by Acts 2005, 79th Leg., Ch. 18, Sec. 4, eff. May 3, 2005.
Sec. 229.003. REGULATION OF DISCHARGE OF WEAPON BY CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality located wholly or partly in a county:
(1) with a population of 450,000 or more;
(2) in which all or part of a municipality with a population of one million or more is located; and
(3) that is located adjacent to a county with a population of two million or more.
(b) Notwithstanding Section 229.002, a municipality may not apply 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 after September 1, 1981, if the firearm or other weapon is:
(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
(3) discharged at a sport shooting range, as defined by Section 250.001, in a manner not reasonably expected to cause a projectile to cross the boundary of a tract of land.
Added by Acts 2009, 81st Leg., R.S., Ch. 1230, Sec. 1, eff. June 19, 2009.
I believe this proposed bill has the potential to affect bowhunting, archery clubs, and shooting archery equipment on your own property located on less than 100 acres in municipalities as defined above. The current law excludes "sport shooting ranges", however, the new proposal does not offer the same exclusion. According to the definition of "sport shooting ranges", I am not sure that archery would be included, even if there was an exclusion offered. Obviously, this bill could affect more than archery/bowhunting.
I encourage anyone who may be affected by this proposed bill to contact their local representatives for some clarification.