By Carter H.B. No. 601 75R2906 DAK-F 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 a municipal or 1-10 county ordinance, order, or rule regulating noise or noise 1-11 pollution. 1-12 (2) "Sport shooting range" means an area designated 1-13 and operated for the use of a rifle, pistol, silhouette, skeet, 1-14 trap, black powder, or any other similar sport shooting. 1-15 Sec. 128.002. LIMITATION ON LIABILITY. Notwithstanding any 1-16 other law, a person who owns, operates, or uses a sport shooting 1-17 range is not civilly or criminally liable in any matter relating to 1-18 noise or noise pollution that results from the operation or use of 1-19 the range if: 1-20 (1) the range complies with a noise control law or 1-21 local noise regulation that applied to the range and its operation 1-22 at the time the range was constructed; or 1-23 (2) a noise control law or local noise regulation did 1-24 not exist at the time the range was constructed. 2-1 Sec. 128.003. LIMITATION ON NUISANCE ACTION. (a) 2-2 Notwithstanding any other law, a person who owns, operates, or uses 2-3 a sport shooting range is not subject to an action for nuisance or 2-4 similar cause of action based on noise if: 2-5 (1) the range complies with a noise control law or 2-6 local noise regulation that applied to the range and its operation 2-7 at the time the range was constructed; or 2-8 (2) a noise control law or local noise regulation did 2-9 not exist at the time the range was constructed. 2-10 (b) A court may not enjoin the operation or use of a sport 2-11 shooting range because the operation or use results in noise or 2-12 noise pollution if: 2-13 (1) the range complies with a noise control law or 2-14 local noise regulation that applied to the range and its operation 2-15 at the time the range was constructed; or 2-16 (2) a noise control law or local noise regulation did 2-17 not exist at the time the range was constructed. 2-18 Sec. 128.004. EXEMPTION FROM CERTAIN STATE REGULATIONS. A 2-19 rule adopted by a state agency to limit noise levels in terms of 2-20 decibel level that may occur in the outdoor atmosphere does not 2-21 apply to a sport shooting range whose liability is limited under 2-22 Section 128.002. 2-23 Sec. 128.005. EXEMPTION FROM CERTAIN LOCAL NOISE 2-24 REGULATIONS. A sport shooting range that is not in violation of a 2-25 noise law or local noise regulation in effect at the time of the 2-26 initial operation and construction of the range is not subject to 2-27 any local noise regulation adopted after the construction and 3-1 initial operation of the range or an amendment to a local noise 3-2 regulation adopted after the construction and initial operation of 3-3 the range that would result in the range being in violation of the 3-4 local noise regulation. 3-5 Sec. 128.006. CERTAIN RISKS ACCEPTED. A person who uses a 3-6 sport shooting range accepts the risks associated with using the 3-7 range to the extent that the risks are obvious and inherent, 3-8 including the risk of an injury that may result from: 3-9 (1) noise; 3-10 (2) discharge of a projectile or shot; 3-11 (3) malfunction of equipment not owned by the range; 3-12 (4) natural variations in terrain; 3-13 (5) surface or subsurface snow or ice conditions; and 3-14 (6) forms of natural growth or debris, including bare 3-15 spots, rocks, and trees. 3-16 Sec. 128.007. LOCAL REGULATION NOT OTHERWISE PROHIBITED. 3-17 Except as provided by this chapter, a county or municipality may 3-18 regulate the location and construction of a sport shooting range. 3-19 Sec. 128.008. ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT 3-20 PROHIBITED. This chapter does not prohibit an action for 3-21 negligence or recklessness in the operation of a sport shooting 3-22 range or by a person using the range. 3-23 SECTION 2. (a) This Act applies to any civil or criminal 3-24 proceeding relating to the ownership, operation, or use of a sport 3-25 shooting range commencing on or after the effective date of this 3-26 Act without regard to whether the ownership, operation, or use 3-27 occurred before, on, or after that date. 4-1 (b) This Act applies to the application of a statute or 4-2 county or municipal noise regulation relating to the ownership, 4-3 operation, or use of a sport shooting range adopted on or after the 4-4 effective date of this Act without regard to whether the ownership, 4-5 operation, or use occurred before, on, or after that date. 4-6 SECTION 3. The importance of this legislation and the 4-7 crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended, 4-11 and that this Act take effect and be in force from and after its 4-12 passage, and it is so enacted.