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Heads up on city dove hunting if this is true.

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    #31
    Originally posted by Fig View Post
    § 42.021. EXTENT OF EXTRATERRITORIAL JURISDICTION. The
    extraterritorial jurisdiction of a municipality is the
    unincorporated area that is contiguous to the corporate boundaries
    of the municipality and that is located:
    (1) within one-half mile of those boundaries, in the
    case of a municipality with fewer than 5,000 inhabitants;
    (2) within one mile of those boundaries, in the case of
    a municipality with 5,000 to 24,999 inhabitants;
    (3) within two miles of those boundaries, in the case
    of a municipality with 25,000 to 49,999 inhabitants;
    (4) within 3-1/2 miles of those boundaries, in the
    case of a municipality with 50,000 to 99,999 inhabitants; or
    (5) within five miles of those boundaries, in the case
    of a municipality with 100,000 or more inhabitants.
    From what I am reading here, a person would not want to purchase a hunting property within five miles of the city limits of a moderate sized city or they may lose the right to hunt depending on future local ordinance.

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      #32
      What does annexed after 81 mean?

      Comment


        #33
        Originally posted by 60 Deluxe View Post
        From what I am reading here, a person would not want to purchase a hunting property within five miles of the city limits of a moderate sized city or they may lose the right to hunt depending on future local ordinance.
        That is incorrect. The city cannot do anything about it. The land would be annexed after 1981, so shoot away. The owner could legally hunt with a rifle if it is more than 50 acres. 2 DAYS!!!!!

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          #34
          Originally posted by SouthTX1911 View Post
          What does annexed after 81 mean?
          The city extended their limits beyond the property, so once what was out of the city limits, is now in.

          Comment


            #35
            Now I'm really confused. So Tex, you're saying that there is a LAW that makes it illegal for cities/towns to enact ordinances that prohibit you from dove hunting on 10+ acres within that city/town?

            In other words, this LAW you quoted allows you to shoot doves on 10+ acres within the city/town limits (with a shotgun of course)?

            Comment


              #36
              Originally posted by Fig View Post
              The city extended their limits beyond the property, so once what was out of the city limits, is now in.
              Thank you sir. I figured it was something like that but now I know for sure.

              Comment


                #37
                Originally posted by quarterback View Post
                Now I'm really confused. So Tex, you're saying that there is a LAW that makes it illegal for cities/towns to enact ordinances that prohibit you from dove hunting on 10+ acres within that city/town?

                In other words, this LAW you quoted allows you to shoot doves on 10+ acres within the city/town limits (with a shotgun of course)?
                Yes.

                And they keep writing them anyway. It comes up every single year

                Comment


                  #38
                  they mowed the dove field at panther creek already...... gotta go elsewhere this year fellas.

                  Comment


                    #39
                    man i have dove in my front yard in pflugerville no need for a lease lol j/k

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                      #40
                      Ask Wildman how the city of Copperas Cove fared against him about this very issue. They ended up looking like a fool when Danny was done with them.

                      Comment


                        #41
                        So I guess the bottom line is this

                        "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"

                        It doesn't necessarily mean you can hunt doves in the middle of town on 10 acres but if the town has expanded it's city limits after 1981 (land grab, outer loop, ect...)and your 10 acre plus property is now in the city limits you are good to go. Is that a correct assesment?

                        Comment


                          #42
                          Originally posted by Nova View Post
                          So I guess the bottom line is this

                          "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"

                          It doesn't necessarily mean you can hunt doves in the middle of town on 10 acres but if the town has expanded it's city limits after 1981 (land grab, outer loop, ect...)and your 10 acre plus property is now in the city limits you are good to go. Is that a correct assesment?
                          That is how I read it.

                          Comment


                            #43
                            Originally posted by Nova View Post
                            So I guess the bottom line is this

                            "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"

                            It doesn't necessarily mean you can hunt doves in the middle of town on 10 acres but if the town has expanded it's city limits after 1981 (land grab, outer loop, ect...)and your 10 acre plus property is now in the city limits you are good to go. Is that a correct assesment?

                            Comment


                              #44
                              Law from the 79th Texas Legislature (SB 734).

                              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.

                              Comment


                                #45
                                Originally posted by Nova View Post
                                So I guess the bottom line is this

                                "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"

                                It doesn't necessarily mean you can hunt doves in the middle of town on 10 acres but if the town has expanded it's city limits after 1981 (land grab, outer loop, ect...)and your 10 acre plus property is now in the city limits you are good to go. Is that a correct assesment?
                                Ok then. If you are trying to hunt on land that was once outside a town's city limits but is now within the town's expanded limits after 1981, you are all right if it is 10 acres or more and you hunt with a shotgun etc. HOWEVER if you are within the limits of a city/town that was taken in before 1981 you might not be able to legally hunt. Is this correct ???

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