JWW C.S.H.B. 3128 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 3128 By: Naishtat 4-28-97 Committee Report (Substituted) BACKGROUND In 1991, the Legislature passed a law regulating sport shooting ranges (Acts 1991, 72nd Leg., ch. 310, 1, codified at Health & Safety Code 756.041 et seq.). However, in a 1992 opinion (DM159), the Attorney General struck down the provision requiring construction standards as it unconstitutionally delegated future rulemaking to a private entity. In recent years, substandard gun ranges have been the site of serious injury and even death. Neighbors of ranges have turned to costly litigation because local law enforcement officials are powerless to enforce safety standards. Meanwhile the passage of the concealed carry license law has increased the consumer demand for gun ranges. The state should seek to encourage the operation of safe gun ranges to accommodate this growing demand. PURPOSE This bill provides for some immediate measures for gun range safety and a framework for developing a permanent solution for gun range safety. This bill allows local governments to regulate the location of ranges but only in a manner that does not unreasonably limit the establishment of ranges. 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 Subchapter D, Chapter 756, Health and Safety Code. Removes "OUTDOOR" from the subchapter heading. Section 756.041 defines shooting range. Section 756.042. LOCAL GOVERNMENT AUTHORITY. (a) A municipality or county may, by ordinance or order from a county commissioner's court, adopt regulations relating to the location of ranges that do not unreasonably limit construction and establishment of shooting ranges. This does not apply to shooting ranges in operation before September 1, 1997. (b) County regulations apply to areas outside the limits of any municipality within in a county. (c) Municipalities that have a comprehensive zoning ordinance must comply with all applicable procedural requirements under Chapter 211, Local Government Code, in adopting regulation within the scope of that chapter. Section 756.043. Adds "AND OPERATION" to the heading. This section states that the owner of a shooting range must construct and maintain the shooting range according to standards that are at least as stringent as the guidelines set forth by the National Rifle Association range manual. Section 756.044. CIVIL PENALTY. (a) An owner failing to comply with Section 756.043 is subject to a civil penalty of $100 per day not to exceed a total of $1000. The civil penalty will accrue beginning after the 60th day after a finding of noncompliance. Section 756.045. CRIMINAL PENALTIES. (a) Outdoor range owners who intentionally or recklessly fail to comply with Section 756.043 commit an offense. (b) Except as provided by Subsection (c), an offense under Subsection (a) is a class B misdemeanor. (c) If an offense under Subsection (a) results in injury to another person, the offense is a class A misdemeanor. (d) If at trial, it is shown that the defendant has previously been convicted of an offense under Subsection (a), the offense is a third degree felony. Section 756.046. INSURANCE REQUIRED. (a) the owner of a shooting range is required to maintain an insurance policy providing at least $500,000 coverage for bodily injuries or death and another policy for the same amount to cover property damage. (b) a sign, prominently displayed, will state that the range is in compliance with Subsection (a). Section 756.047. SAFETY COMPLAINTS TO SHERIFF'S OFFICE. (a) When a complaint is made from county residents about unsafe shooting range conditions, the sheriff may negotiate a solution between the complainant and range owner or operator. (b) In making a determination regarding the safety of a shooting range, the sheriff is required to consult with the Department of Public Safety, the Parks and Wildlife Commission, or any private person or organization, including the National Rifle Association. (c) After negotiation between the complainant and range owner or operator, the sheriff determines that an adequate solution has been reached, the sheriff may seek an injunction from the district attorney to prevent operation of the shooting range until acceptable safety standard are met. SECTION 2 Amends Chapter 46, Penal Code, by adding Section 46.14. SHOOTING WHILE INTOXICATED. Anyone discharging a firearm at a shooting range while intoxicated commits a Class B misdemeanor. "Intoxicated" and "shooting range" are defined. SECTION 3 Provides for an Advisory Committee, formed by the Texas National Guard, to develop objective safety standards for shooting ranges and itemizes what representation must be on the committee, appointed by the adjutant general and serving at his will. SECTION 4 The committee created in Section 3 shall develop objective safety standards and report to the House Committee on Public Safety no later than November 1, 1997. SECTION 5 EFFECTIVE DATE FOR APPOINTMENT OF THE COMMITTEE. Fifteen days after the effective date of this section, the adjutant general shall appoint the committee members. SECTION 6 EFFECTIVE DATE FOR OFFENSES. The change in law under Section 2 (shooting while intoxicated) applies only to offenses committed on or after the effective date of the Act. SECTION 7 Effective Date: September 1, 1997. Sections 3, 4, and 5 take effect immediately upon passage. SECTION 8 Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 Section 756.041 defines "shooting range" only, all other definitions are deleted. Section 756.042. "LOCAL GOVERNMENT REGULATION" replaces "AUTHORITY" as the title heading. (a) This subsection amended to state that any regulation adopted by a municipality must be adopted by the governing body. Any regulation adopted by a county or municipality must not unreasonably limit the establishment or construction of shooting ranges. This subsection does not apply to shooting ranges in operation before September 1, 1997. (b) This subsection was previously Subsection (c). (c) This subsection was originally Subsection (d). All other subsections are deleted. With the exception to the change made to the title heading, Section 756.043 removes all changes made to the original statute in the previous version of this bill. Section 756.044 states that the civil penalty of $100 per day begins to accrue after the 60th date of noncompliance. Section 756.045 removes "indoor" regarding shooting range owners. Subsection (b) is amended to state that any an offense under Subsection (a) is a class B misdemeanor, except as provided under Subsection (c). Subsection (c) was originally Subsection (b). Subsection (d) was originally Subsection (c). A reference to Subsection (a) is added. Section 756.046 removes "outdoor" in reference to shooting ranges in this section and reduces the required insurance amount from $1,000,000 to $500,000. The $500,000 amount is required in the current statute. Section 756.047 is incorporated into SECTION 1 and is amended to replace "LICENSES AND PERMITS" with "SAFETY COMPLAINTS TO SHERIFF'S OFFICE" in the title heading. This section replaces the original Section 756.047 and directs the sheriff to negotiate a solution between a complainant and shooting range owner/operators regarding shooting range safety conditions. SECTION 2 Sections 756.048, 756.049, and 756.050 are deleted. Section 46.14. SHOOTING WHILE INTOXICATED., is added. SECTION 3 This section is added. SECTION 4 This section is added. SECTION 5 This section is added. SECTION 6 This section is added. SECTION 7 The effective date was originally located in Section 3. The effective dates for Sections 3, 4, and 5 are added. SECTION 8 Emergency clause was previously located in Section 4.