Bill Text: TX SB1400 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the municipal and county regulation of air guns.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1400 Detail]
Download: Texas-2013-SB1400-Introduced.html
Bill Title: Relating to the municipal and county regulation of air guns.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1400 Detail]
Download: Texas-2013-SB1400-Introduced.html
83R9254 NC-F | ||
By: Estes | S.B. No. 1400 |
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relating to the municipal and county regulation of air guns. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.002(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) A regulation relating to the discharge of firearms or | ||
other weapons is subject to the restrictions in Subchapter A, | ||
Chapter 229 [ |
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SECTION 2. Section 229.001(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) In this section: | ||
(1) "Firearm" does not include an air gun as defined by | ||
Section 229.005. | ||
(2) "Sport [ |
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assigned by Section 250.001. | ||
SECTION 3. Section 229.002, Local Government Code, is | ||
amended to read as follows: | ||
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[ |
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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. | ||
SECTION 4. Section 229.003(b), Local Government Code, is | ||
amended to read as follows: | ||
(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[ |
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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. | ||
SECTION 5. Section 229.004(b), Local Government Code, is | ||
amended to read as follows: | ||
(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 on or before September 1, | ||
1981, if the firearm or other weapon is: | ||
(1) a shotgun[ |
||
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 6. Subchapter A, Chapter 229, Local Government | ||
Code, is amended by adding Section 229.005 to read as follows: | ||
Sec. 229.005. REGULATION OF AIR GUNS. (a) In this section: | ||
(1) "Air gun" means a rifle or pistol that discharges a | ||
projectile by means of compressed air, including a BB gun or a | ||
pellet gun. | ||
(2) "Institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003, Education Code. | ||
(3) "Sport shooting range" has the meaning assigned by | ||
Section 250.001. | ||
(b) A municipality may not adopt or enforce a regulation | ||
relating to: | ||
(1) the transfer, private ownership, keeping, | ||
transportation, use, licensing, or registration of an air gun or an | ||
accessory for an air gun; or | ||
(2) the discharge of an air gun at: | ||
(A) a sport shooting range; | ||
(B) a range associated with: | ||
(i) a Reserve Officers' Training Corps | ||
(ROTC) program of a school, an institution of higher education, or a | ||
private or independent institution of higher education; or | ||
(ii) a hunter education program established | ||
under Section 62.014, Parks and Wildlife Code; | ||
(C) a commercial or sporting event by a | ||
participant in the event; | ||
(D) a private indoor or outdoor range located on | ||
residential property if: | ||
(i) traps are used to capture the | ||
projectile of the air gun; | ||
(ii) any person younger than 18 years of age | ||
discharging the air gun is supervised by a parent or a person 18 | ||
years of age or older who is acting in loco parentis; and | ||
(iii) the projectile does not cross the | ||
property line; or | ||
(E) the premises of an agricultural operation as | ||
defined by Section 251.002, Agriculture Code. | ||
SECTION 7. Section 235.022, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 235.022. AUTHORITY TO REGULATE. (a) In this section, | ||
"firearm" does not include an air gun as defined by Section 229.005. | ||
(b) To promote the public safety, the commissioners court of | ||
a county by order may prohibit or otherwise regulate the discharge | ||
of firearms on lots that are 10 acres or smaller and are located in | ||
the unincorporated area of the county in a subdivision. | ||
SECTION 8. Section 236.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 236.001. DEFINITION. In this chapter: | ||
(1) "Air gun" has the meaning assigned by Section | ||
229.005. | ||
(2) "Firearm" does not include an air gun. | ||
(3) "Sport [ |
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assigned by Section 250.001. | ||
SECTION 9. Chapter 236, Local Government Code, is amended | ||
by adding Section 236.004 to read as follows: | ||
Sec. 236.004. REGULATION OF AIR GUNS. (a) A county may not | ||
adopt or enforce a regulation relating to: | ||
(1) the transfer, private ownership, keeping, | ||
transportation, use, licensing, or registration of an air gun or an | ||
accessory for an air gun; or | ||
(2) the discharge of an air gun, except as provided by | ||
Subsection (b). | ||
(b) A county may regulate the discharge of an air gun on the | ||
premises of: | ||
(1) a park, playground, museum, or site acquired and | ||
maintained under Chapter 331; or | ||
(2) a facility owned or leased by the county. | ||
SECTION 10. 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, 2013. |