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|  | AN ACT | 
|  | relating to the regulation of the discharge of firearms and certain | 
|  | other weapons by certain municipalities. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Chapter 229, Local Government Code, is amended | 
|  | by adding Section 229.003 to read as follows: | 
|  | 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. | 
|  | SECTION 2.  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, 2009. | 
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|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
|  | 
|  | I hereby certify that S.B. No. 1742 passed the Senate on | 
|  | April 16, 2009, by the following vote:  Yeas 31, Nays 0; | 
|  | May 29, 2009, Senate refused to concur in House amendment and | 
|  | requested appointment of Conference Committee; May 30, 2009, House | 
|  | granted request of the Senate; June 1, 2009, Senate adopted | 
|  | Conference Committee Report by the following vote:  Yeas 31, | 
|  | Nays 0. | 
|  |  | 
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|  | ______________________________ | 
|  | Secretary of the Senate | 
|  | 
|  | I hereby certify that S.B. No. 1742 passed the House, with | 
|  | amendment, on May 27, 2009, by the following vote:  Yeas 147, | 
|  | Nays 1, one present not voting; May 30, 2009, House granted request | 
|  | of the Senate for appointment of Conference Committee; | 
|  | May 31, 2009, House adopted Conference Committee Report by the | 
|  | following vote:  Yeas 140, Nays 4, two present not voting. | 
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|  | ______________________________ | 
|  | Chief Clerk of the House | 
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|  | Approved: | 
|  |  | 
|  | ______________________________ | 
|  | Date | 
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|  | ______________________________ | 
|  | Governor |