By Carter, et al. H.B. No. 601
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability in relation to and regulation of the
1-3 ownership, operation, and use of sport shooting ranges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 128 to read as follows:
1-7 CHAPTER 128. SPORT SHOOTING RANGES
1-8 Sec. 128.001. DEFINITIONS. In this chapter:
1-9 (1) "Local noise regulation" means any law, ordinance,
1-10 order, rule, or other regulation of the State of Texas, an agency
1-11 of the state, or political subdivision affecting noise or noise
1-12 pollution.
1-13 (2) "Sport shooting range" means an area designated
1-14 and operated for the use of a rifle, pistol, silhouette, skeet,
1-15 trap, black powder, or any other similar sport shooting. The term
1-16 includes "private bird hunting areas" as licensed under Subchapter
1-17 F, Chapter 43, Parks and Wildlife Code.
1-18 Sec. 128.002. LIMITATION ON LIABILITY. Notwithstanding any
1-19 other law, a person who owns, operates, or uses a sport shooting
1-20 range is not civilly or criminally liable in any matter relating to
1-21 noise or noise pollution that results from the operation or use of
1-22 the range if:
1-23 (1) the range complies with a noise control law or
1-24 local noise regulation that applied to the range and its operation
2-1 at the time the range was constructed; or
2-2 (2) a noise control law or local noise regulation did
2-3 not exist at the time the range was constructed.
2-4 Sec. 128.003. LIMITATION ON NUISANCE ACTION. (a)
2-5 Notwithstanding any other law, a person who owns, operates, or uses
2-6 a sport shooting range is not subject to an action for nuisance or
2-7 similar cause of action based on noise if:
2-8 (1) the range complies with a noise control law or
2-9 local noise regulation that applied to the range and its operation
2-10 at the time the range was constructed; or
2-11 (2) a noise control law or local noise regulation did
2-12 not exist at the time the range was constructed.
2-13 (b) A court may not enjoin the operation or use of a sport
2-14 shooting range because the operation or use results in noise or
2-15 noise pollution if:
2-16 (1) the range complies with a noise control law or
2-17 local noise regulation that applied to the range and its operation
2-18 at the time the range was constructed; or
2-19 (2) a noise control law or local noise regulation did
2-20 not exist at the time the range was constructed.
2-21 Sec. 128.004. EXEMPTION FROM CERTAIN STATE REGULATIONS. A
2-22 rule adopted by a state agency to limit noise levels in terms of
2-23 decibel level that may occur in the outdoor atmosphere does not
2-24 apply to a sport shooting range whose liability is limited under
2-25 Section 128.002.
2-26 Sec. 128.005. EXEMPTION FROM CERTAIN LOCAL NOISE
2-27 REGULATIONS. A sport shooting range that is not in violation of a
3-1 noise law or local noise regulation in effect at the time of the
3-2 initial operation or construction of the range is not subject to
3-3 any local noise regulation adopted after the construction or
3-4 initial operation of the range or an amendment to a local noise
3-5 regulation adopted after the construction or initial operation of
3-6 the range that would result in the range being in violation of the
3-7 local noise regulation.
3-8 Sec. 128.006. LOCAL REGULATION NOT OTHERWISE PROHIBITED.
3-9 Except as provided by this chapter, a municipality may regulate the
3-10 location and construction of a sport shooting range.
3-11 Sec. 128.007. ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT
3-12 PROHIBITED. This chapter does not prohibit an action for
3-13 negligence or recklessness in the operation of a sport shooting
3-14 range or by a person using the range.
3-15 SECTION 2. Section 250.001, Local Government Code, is
3-16 repealed.
3-17 SECTION 3. This Act applies to any civil or criminal
3-18 proceeding relating to the ownership, operation, or use of a sport
3-19 shooting range commencing on or after the effective date of this
3-20 Act without regard to whether the ownership, operation, or use
3-21 occurred before, on, or after that date.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.