Hunting Question for Lytle, Tx

[txcshooter]

I had planned on going dove hunting on Lytle,Tx this coming Sunday for opening day. Hpwever, I was told that there may be a county ordinance that requires the hunting land to be at least 10 acres. Does anyone have any info on this or can show how to find it in the actual county ordinance laws?

[krieghoff]

Not knowing just where you will be hunting, I would suggest calling the county where the property is located. Is it in a rural area or inside the city's jurisdiction? May take several phone calls as Lytle lies within 3 counties! Bexar, Medina and Atascosa counties.

[Keith B]

A municipality or county may impose a restriction on hunting on property that is less than 10 acres. If 10 acres or more, then they cannot impose a ordinance against hunting. However, you still have to follow safety rules and guidelines and make sure your shots are contained within the 10 acres.

[Keith B]

BTW, this was defined in 2005 under Senate Bill 734. Make sure to note the exclusion on protery that was annexed before September 1 1981. Also, this only applies to ashotguns, airguns, BB guns and bow and arrow. They can prohibit discharge of a pistols or rifle unless the tract is 50 acres or more.

S.B. No. 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.

[WinoVeritas]

Lytle is in South Zone, south of IH-10/US-90. Don't believe dove season opens until 9/20.

[krieghoff]

Lytle is in South Zone, south of IH-10/US-90. Don't believe dove season opens until 9/20.

Special White Wing Season. Sept. 1 & 2 and 7 & 8.

[txcshooter]

Thanks for all the good info, gentlemen. I have since found out that Lytle, Tx is in 3 counties: Atascosa, Medina, & Bexar. Atascosa is the one that has the ordinance of 10 acres. I actually called their office and sounds like they will enforce. This is important since I will be on only 5 acres. I also found out the property I'll be on is inside Bexar County. I called the Bexar County Sherriff Office, Patrol Division, and the lady didn't know what their ordinance states. She ask me to call back tomorrow to speak with the deputy that would know.

Mr. Keith, were you citing Atascosa County ordinances? Can we find out Bexar County's?

[Keith B]

Thanks for all the good info, gentlemen. I have since found out that Lytle, Tx is in 3 counties: Atascosa, Medina, & Bexar. Atascosa is the one that has the ordinance of 10 acres. I actually called their office and sounds like they will enforce. This is important since I will be on only 5 acres. I also found out the property I'll be on is inside Bexar County. I called the Bexar County Sherriff Office, Patrol Division, and the lady didn't know what their ordinance states. She ask me to call back tomorrow to speak with the deputy that would know.

Mr. Keith, were you citing Atascosa County ordinances? Can we find out Bexar County's?

I am citing state law. Anything smaller than 10 acres can have a restriction on it.

[txcshooter]

Thanks for all the good info, gentlemen. I have since found out that Lytle, Tx is in 3 counties: Atascosa, Medina, & Bexar. Atascosa is the one that has the ordinance of 10 acres. I actually called their office and sounds like they will enforce. This is important since I will be on only 5 acres. I also found out the property I'll be on is inside Bexar County. I called the Bexar County Sherriff Office, Patrol Division, and the lady didn't know what their ordinance states. She ask me to call back tomorrow to speak with the deputy that would know.

Mr. Keith, were you citing Atascosa County ordinances? Can we find out Bexar County's?

I am citing state law. Anything smaller than 10 acres can have a restriction on it.

10-4, Thank you sir.