Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 10/5/2005 12:31:33 PM EDT
Did I see a law passed in reference to shooting on annexed land over a certain acreage in collin county?

so sort of exemtpion?
Link Posted: 10/5/2005 1:40:34 PM EDT

Originally Posted By CQToverVmatch:
Did I see a law passed in reference to shooting on annexed land over a certain acreage in collin county?

so sort of exemtpion?




You sure did - it applies statewide - HB 734 was signed back in Spring and is law.

http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00734&VERSION=5&TYPE=B

AN ACT

relating to municipal regulation of the discharge of firearms and
certain other weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Section 251.002, Agriculture
Code, is amended to read as follows:
(1) "Agricultural operation" includes [but it is not
limited to] the following activities:
(A) cultivating the soil;
(B) producing crops for human food, animal feed,
planting seed, or fiber;
(C) floriculture;
(D) viticulture;
(E) horticulture;
(F) silviculture;
(G) wildlife management;
(H) raising or keeping livestock or poultry; and
(I) planting cover crops or leaving land idle for
the purpose of participating in any governmental program or normal
crop or livestock rotation procedure.
SECTION 2. Section 251.005, Agriculture Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) A governmental requirement of a city does not apply to
any agricultural operation situated outside the corporate
boundaries of the city on the effective date of this chapter. If an
agricultural operation so situated is subsequently annexed or
otherwise brought within the corporate boundaries of the city, the
governmental requirements of the city do not apply to the
agricultural operation unless the requirement is reasonably
necessary to protect persons who reside in the immediate vicinity
or persons on public property in the immediate vicinity of the
agricultural operation from the danger of:
(1) explosion, flooding, vermin, insects, physical
injury, contagious disease, removal of lateral or subjacent
support, contamination of water supplies, radiation, storage of
toxic materials, [discharge of firearms,] or traffic hazards; or
(2) discharge of firearms or other weapons, subject to
the restrictions in Section 229.002, Local Government Code.
(c-1) A governmental requirement may be imposed under
Subsection (c) [this subsection] only after the governing body of
the city makes findings by resolution that the requirement is
necessary to protect public health. Before making findings as to
the necessity of the requirement, the governing body of the city
must use the services of the city health officer or employ a
consultant to prepare a report to identify the health hazards
related to agricultural operations and determine the necessity of
regulation and manner in which agricultural operations should be
regulated.
SECTION 3. Section 43.002, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) This section does not prohibit a municipality from
imposing:
(1) a regulation relating to the location of sexually
oriented businesses, as that term is defined by Section 243.002;
(2) a municipal ordinance, regulation, or other
requirement affecting colonias, as that term is defined by Section
2306.581, Government Code;
(3) a regulation relating to preventing imminent
destruction of property or injury to persons;
(4) a regulation relating to public nuisances;
(5) a regulation relating to flood control;
(6) a regulation relating to the storage and use of
hazardous substances; or
(7) a regulation relating to the sale and use of
fireworks[; or
[(8) a regulation relating to the discharge of
firearms].
(d) A regulation relating to the discharge of firearms or
other weapons is subject to the restrictions in Section 229.002.
SECTION 4. Chapter 229, Local Government Code, is amended
by adding Section 229.002 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, 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.
SECTION 5. 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, 2005.



______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 734 passed the Senate on
March 31, 2005, by the following vote: Yeas 28, Nays 0; and that
the Senate concurred in House amendments on April 25, 2005, by the
following vote: Yeas 30, Nays 0.

______________________________
Secretary of the Senate
I hereby certify that S.B. No. 734 passed the House, with
amendments, on April 21, 2005, by the following vote: Yeas 138,
Nays 0, one present not voting.

Link Posted: 10/5/2005 1:43:28 PM EDT
The ordance had to do with land in Collin County. If it wasn't more than 10 acres, it was illegal to discharge firearms on it.

This was a quote from the DMN from back in June -
"Effective immediately, residents can be fined up to $500 for firing a weapon on their property if they live on less than 10 acres within a subdivision. "

larger article here:

http://www.dallasnews.com/s/dws/news/city/collin/stories/060305dnmetguns.10c610044.html
Link Posted: 10/5/2005 6:34:50 PM EDT
I do not see how a city can annex something and then make it illegal to do what has been done legally all along.

Unless thing have changed, here is a tip to prevent *future* annexing:
1. find out what type of business is illegal in the city limits (ie: alcohol sales, gun range, etc)
2. open up that type of business on the land to be annexed
the city cannot annex illegal businesses and therefore they must drop the issue or make that type of business legal
Link Posted: 10/6/2005 6:59:51 AM EDT
well we hunted off 2551 in parker.....killed some, missed a bunch.... hopefully we will go back next week.
Link Posted: 10/6/2005 7:31:21 AM EDT

Originally Posted By mikejohnson:
I do not see how a city can annex something and then make it illegal to do what has been done legally all along.

Unless thing have changed, here is a tip to prevent *future* annexing:
1. find out what type of business is illegal in the city limits (ie: alcohol sales, gun range, etc)
2. open up that type of business on the land to be annexed
the city cannot annex illegal businesses and therefore they must drop the issue or make that type of business legal



That is what the Collin County Gun Range did, and they were nearly shutdown do to regulations. This law is to protect them and others like them that are currently operating legally.
Link Posted: 10/6/2005 3:49:26 PM EDT
plus CCGR is being railroaded because the city wants to expand the airport....and they will profit from the high $$$ instead of CCGR
Top Top