By Carter, et al. H.B. No. 601
Substitute the following for H.B. No. 601:
By Hilbert C.S.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 of
1-11 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.
1-16 Sec. 128.002. LIMITATION ON LIABILITY. Notwithstanding any
1-17 other law, a person who owns, operates, or uses a sport shooting
1-18 range is not civilly or criminally liable in any matter relating to
1-19 noise or noise pollution that results from the operation or use of
1-20 the range if:
1-21 (1) the range complies with a noise control law or
1-22 local noise regulation that applied to the range and its operation
1-23 at the time the range was constructed; or
1-24 (2) a noise control law or local noise regulation did
2-1 not exist at the time the range was constructed.
2-2 Sec. 128.003. LIMITATION ON NUISANCE ACTION. (a)
2-3 Notwithstanding any other law, a person who owns, operates, or uses
2-4 a sport shooting range is not subject to an action for nuisance or
2-5 similar cause of action based on noise if:
2-6 (1) the range complies with a noise control law or
2-7 local noise regulation that applied to the range and its operation
2-8 at the time the range was constructed; or
2-9 (2) a noise control law or local noise regulation did
2-10 not exist at the time the range was constructed.
2-11 (b) A court may not enjoin the operation or use of a sport
2-12 shooting range because the operation or use results in noise or
2-13 noise pollution if:
2-14 (1) the range complies with a noise control law or
2-15 local noise regulation that applied to the range and its operation
2-16 at the time the range was constructed; or
2-17 (2) a noise control law or local noise regulation did
2-18 not exist at the time the range was constructed.
2-19 Sec. 128.004. EXEMPTION FROM CERTAIN STATE REGULATIONS. A
2-20 rule adopted by a state agency to limit noise levels in terms of
2-21 decibel level that may occur in the outdoor atmosphere does not
2-22 apply to a sport shooting range whose liability is limited under
2-23 Section 128.002.
2-24 Sec. 128.005. EXEMPTION FROM CERTAIN LOCAL NOISE
2-25 REGULATIONS. A sport shooting range that is not in violation of a
2-26 noise law or local noise regulation in effect at the time of the
2-27 initial operation or construction of the range is not subject to
3-1 any local noise regulation adopted after the construction or
3-2 initial operation of the range or an amendment to a local noise
3-3 regulation adopted after the construction or initial operation of
3-4 the range that would result in the range being in violation of the
3-5 local noise regulation.
3-6 Sec. 128.006. LOCAL REGULATION NOT OTHERWISE PROHIBITED.
3-7 Except as provided by this chapter, a municipality may regulate the
3-8 location and construction of a sport shooting range.
3-9 Sec. 128.007. ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT
3-10 PROHIBITED. This chapter does not prohibit an action for
3-11 negligence or recklessness in the operation of a sport shooting
3-12 range or by a person using the range.
3-13 SECTION 2. Section 250.001 Local Government Code is
3-14 repealed.
3-15 SECTION 3. This Act applies to any civil or criminal
3-16 proceeding relating to the ownership, operation, or use of a sport
3-17 shooting range commencing on or after the effective date of this
3-18 Act without regard to whether the ownership, operation, or use
3-19 occurred before, on, or after that date.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.