ZEM C.S.H.B. 601 75(R)BILL ANALYSIS CIVIL PRACTICES C.S.H.B. 601 By: Carter 3-18-97 Committee Report (Substituted) BACKGROUND 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. PURPOSE To limit the civil and criminal liability of sport shooting ranges and to exempt the ranges from certain nuisance actions and state and local regulations. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 6, Civil Practices and Remedies Code by adding Chapter 128 as follows: Sec. 128.001 Defines "local noise regulation" and "sport shooting range". Sec. 128.002 Provides that a person who owns, operates or uses a sport shooting range is not criminally or civilly liable for noise or noise pollution if the range complies with noise regulations in force at the time the range was constructed or if no noise regulations were in force at the time of construction. Sec. 128.003 Provides that a person who owns, operates or uses a sport shooting range is not subject to nuisance actions or similar suits or enjoinment by a court for noise if the range complies with noise regulations in force at the time the range was constructed or if no noise regulations were in force at the time of construction. Sec. 128.004 Exempts sport shooting ranges with limited liability under Sec. 128.002 from state agency regulations to limit noise levels. Sec. 128.005 Exempts a sport shooting range that is not in violation of local noise laws or regulations in effect at the time of construction or initial operation from local noise regulations adopted thereafter. Sec. 128.006 Provides that, except as provided by this chapter, municipalities may regulate location and construction of sport shooting ranges. Sec. 128.007 Provides that actions for negligence or recklessness are not prohibited. SECTION 2. Repeals Section 250.001 of the Local Government Code. SECTION 3. Provides that this act applies to civil or criminal proceedings commencing on or after the effective date of this act, regardless of when the ownership, operation, or use occurred. SECTION 4. Emergency clause. Effective date: upon passage COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 601 deletes the provision from the original bill as filed that a user of a shooting range accepts certain obvious and inherent risks including the risk of injury from noise, discharge of a projectile or shot, malfunctioning equipment, natural variations in terrain, surface or subsurface conditions caused by snow or ice, and natural growth. C.S.H.B 601 also repeals Section 250.001 of the Local Government Code which restricted regulation of sport shooting ranges.