2005 Texas Local Government Code CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES AND COUNTIES

LOCAL GOVERNMENT CODE

CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES 
AND COUNTIES


	§ 250.001. RESTRICTION ON REGULATION OF SPORT SHOOTING 
RANGES.  (a) In this section, "sport shooting range" means a 
business establishment, private club, or association that operates 
an area for the discharge or other use of firearms for silhouette, 
skeet, trap, black powder, target, self-defense, or similar 
recreational shooting.
	(b)  A governmental official may not seek a civil or criminal 
penalty against a sport shooting range or its owner or operator 
based on the violation of a municipal or county ordinance, order, or 
rule regulating noise:
		(1)  if the sport shooting range is in compliance with 
the applicable ordinance, order, or rule;  or
		(2)  if no applicable noise ordinance, order, or rule 
exists.               
	(c)  A person may not bring a nuisance or similar cause of 
action against a sport shooting range based on noise:
		(1)  if the sport shooting range is in compliance with 
all applicable municipal and county ordinances, orders, and rules 
regulating noise;  or
		(2)  if no applicable noise ordinance, order, or rule 
exists.               

Added by Acts 1991, 72nd Leg., ch. 145, § 1, eff. Aug. 26, 1991.  
Amended by Acts 2001, 77th Leg., ch. 1050, § 1, eff. Sept. 1, 
2001.


	§ 250.002. REGULATION OF AMATEUR RADIO ANTENNAS.  (a) A 
municipality or county may not enact or enforce an ordinance or 
order that does not comply with the ruling of the Federal 
Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 
952 (1985)" or a regulation related to amateur radio service 
adopted under 47 C.F.R. Part 97.
	(b)  If a municipality or county adopts an ordinance or order 
involving the placement, screening, or height of an amateur radio 
antenna based on health, safety, or aesthetic conditions, the 
ordinance or order must:
		(1)  reasonably accommodate amateur communications;  
and                    
		(2)  represent the minimal practicable regulation to 
accomplish the municipality's or county's legitimate purpose.
	(c)  This section does not prohibit a municipality or county 
from taking any action to protect or preserve a historic, 
historical, or architectural district that is established by the 
municipality or county or under state or federal law.

Added by Acts 1999, 76th Leg., ch. 68, § 1, eff. May 10, 1999.             


	§ 250.003. PERSONAL LIABILITY OF NONOWNERS.  (a) An 
individual who is an employee of the owner of real property for 
which a citation for a violation of a county or municipal rule or 
ordinance is issued, or of a company that manages the property on 
behalf of the property owner, is not personally liable for criminal 
or civil penalties resulting from the violation if the individual 
provides the property owner's name, street address, and telephone 
number to the enforcement official who issues the citation or the 
official's superior.
	(b)  This section applies only to a citation for a violation 
connected with real property for which a political subdivision has 
issued a certificate of occupancy or a certificate of completion 
with respect to the construction of improvements on the property.  
This section does not prohibit a municipality or county from 
issuing to an employee or contractor of the property owner or 
management company a citation relating to the construction or 
development of the property.

Added by Acts 2005, 79th Leg., ch. 1344, § 2, eff. June 18, 2005.          


	§ 250.004. AGENT FOR SERVICE.  If the property owner's 
street address is not in this state, the employee of the owner or 
management company to whom a citation described by Section 250.003 
is issued is considered the owner's agent for accepting service of 
the citation for the violation of the county or municipal rule or 
ordinance.  Service of the citation on the agent has the same legal 
effect as service on the owner for the purpose of fines against the 
owner or the property, including a warrant or capias.

Added by Acts 2005, 79th Leg., ch. 1344, § 2, eff. June 18, 2005.          


	§ 250.005. OTHER REMEDIES UNAFFECTED.  Sections 250.003 
and 250.004 do not limit the availability of remedies against a real 
property owner or real property otherwise provided by law, 
including fines, closure, injunction, and mandamus.

Added by Acts 2005, 79th Leg., ch. 1344, § 2, eff. June 18, 2005.