SRC-SLL H.B. 601 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 601
By: Carter (Patterson)
Jurisprudence
4-17-97
Engrossed


DIGEST 

Currently, the law regulates sport shooting ranges.  Firearms shooting
ranges may exist in close proximity to residential areas.  Eighteen other
states have enacted legislation to limit the civil and criminal liability
of these ranges.  This bill will provide new regulations regarding the
liability of owners, operators, and users of sport shooting ranges. 

PURPOSE

As proposed, H.B. 601 provides new regulations regarding the liability of
owners, operators, and users of sport shooting ranges. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 128, as follows: 

CHAPTER 128.  SPORT SHOOTING RANGES

Sec.  128.001.  DEFINITIONS.   Defines "local noise regulation" and "sport
shooting range." 

Sec.  128.002.  LIMITATION ON LIABILITY.  Provides that a person who owns,
operates, or uses a sport shooting range is not civilly or criminally
liable in any matter relating to noise or noise pollution that results
from the operation or use of the range if certain conditions are met,
notwithstanding any other law. 

Sec.  128.003.  LIMITATION ON NUISANCE ACTION.  Provides that,
notwithstanding any other law, a person who owns, operates, or uses a
sport shooting range is not subject to an action for nuisance or similar
causes of action based on noise if certain conditions are met. Prohibits a
court from enjoining the operation or use of a sport shooting range
because the operation or use results in noise or noise pollution if
certain conditions are met. 

Sec.  128.004.  EXEMPTION FROM CERTAIN STATE REGULATIONS.  Provides that a
rule adopted by a state agency to limit noise levels in terms of decibel
level that may occur in the outdoor atmosphere does not apply to a sport
shooting range whose liability is limited under Section 128.002. 

Sec.  128.005.  EXEMPTION FROM CERTAIN LOCAL NOISE REGULATIONS.  Sets
forth an exemption from noise laws and local noise regulations for sport
shooting ranges. 

Sec.  128.006.  LOCAL REGULATION NOT OTHERWISE PROHIBITED.  Authorizes a
municipality, except as provided by this chapter, to regulate the location
and construction of a sport shooting range. 

Sec.  128.007.  ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT PROHIBITED.
Provides that this chapter does not prohibit an action for negligence or
recklessness in the operation of a sport shooting range or by a person
using the range. 

SECTION 2. Repealer: Section 250.001, Local Government Code (Restriction
on Regulation of Sport Shooting Ranges). 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Emergency clause.
  Effective date: upon passage.