1-1 By: Carter, et al. (Senate Sponsor - Patterson) H.B. No. 601 1-2 (In the Senate - Received from the House April 10, 1997; 1-3 April 11, 1997, read first time and referred to Committee on 1-4 Jurisprudence; May 18, 1997, reported favorably, as amended, by the 1-5 following vote: Yeas 4, Nays 3; May 18, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Duncan 1-7 Amend House Bill 601, on page 2, line 9, of the House Engrossment 1-8 after the word "range" and before the period by inserting 1-9 "established or permanently relocated within the municipality after 1-10 the effective date of this act". 1-11 A BILL TO BE ENTITLED 1-12 AN ACT 1-13 relating to the liability in relation to and regulation of the 1-14 ownership, operation, and use of sport shooting ranges. 1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-16 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-17 amended by adding Chapter 128 to read as follows: 1-18 CHAPTER 128. SPORT SHOOTING RANGES 1-19 Sec. 128.001. DEFINITIONS. In this chapter: 1-20 (1) "Local noise regulation" means any law, ordinance, 1-21 order, rule, or other regulation of the State of Texas, an agency 1-22 of the state, or political subdivision affecting noise or noise 1-23 pollution. 1-24 (2) "Sport shooting range" means an area designated 1-25 and operated for the use of a rifle, pistol, silhouette, skeet, 1-26 trap, black powder, or any other similar sport shooting. The term 1-27 includes "private bird hunting areas" as licensed under Subchapter 1-28 F, Chapter 43, Parks and Wildlife Code. 1-29 Sec. 128.002. LIMITATION ON LIABILITY. Notwithstanding any 1-30 other law, a person who owns, operates, or uses a sport shooting 1-31 range is not civilly or criminally liable in any matter relating to 1-32 noise or noise pollution that results from the operation or use of 1-33 the range if: 1-34 (1) the range complies with a noise control law or 1-35 local noise regulation that applied to the range and its operation 1-36 at the time the range was constructed; or 1-37 (2) a noise control law or local noise regulation did 1-38 not exist at the time the range was constructed. 1-39 Sec. 128.003. LIMITATION ON NUISANCE ACTION. (a) 1-40 Notwithstanding any other law, a person who owns, operates, or uses 1-41 a sport shooting range is not subject to an action for nuisance or 1-42 similar cause of action based on noise if: 1-43 (1) the range complies with a noise control law or 1-44 local noise regulation that applied to the range and its operation 1-45 at the time the range was constructed; or 1-46 (2) a noise control law or local noise regulation did 1-47 not exist at the time the range was constructed. 1-48 (b) A court may not enjoin the operation or use of a sport 1-49 shooting range because the operation or use results in noise or 1-50 noise pollution if: 1-51 (1) the range complies with a noise control law or 1-52 local noise regulation that applied to the range and its operation 1-53 at the time the range was constructed; or 1-54 (2) a noise control law or local noise regulation did 1-55 not exist at the time the range was constructed. 1-56 Sec. 128.004. EXEMPTION FROM CERTAIN STATE REGULATIONS. A 1-57 rule adopted by a state agency to limit noise levels in terms of 1-58 decibel level that may occur in the outdoor atmosphere does not 1-59 apply to a sport shooting range whose liability is limited under 1-60 Section 128.002. 1-61 Sec. 128.005. EXEMPTION FROM CERTAIN LOCAL NOISE 1-62 REGULATIONS. A sport shooting range that is not in violation of a 1-63 noise law or local noise regulation in effect at the time of the 1-64 initial operation or construction of the range is not subject to 2-1 any local noise regulation adopted after the construction or 2-2 initial operation of the range or an amendment to a local noise 2-3 regulation adopted after the construction or initial operation of 2-4 the range that would result in the range being in violation of the 2-5 local noise regulation. 2-6 Sec. 128.006. LOCAL REGULATION NOT OTHERWISE PROHIBITED. 2-7 Except as provided by this chapter, a municipality may regulate the 2-8 location and construction of a sport shooting range. 2-9 Sec. 128.007. ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT 2-10 PROHIBITED. This chapter does not prohibit an action for 2-11 negligence or recklessness in the operation of a sport shooting 2-12 range or by a person using the range. 2-13 SECTION 2. Section 250.001, Local Government Code, is 2-14 repealed. 2-15 SECTION 3. This Act applies to any civil or criminal 2-16 proceeding relating to the ownership, operation, or use of a sport 2-17 shooting range commencing on or after the effective date of this 2-18 Act without regard to whether the ownership, operation, or use 2-19 occurred before, on, or after that date. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended, 2-25 and that this Act take effect and be in force from and after its 2-26 passage, and it is so enacted. 2-27 * * * * *