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.